2012 New York Consolidated Laws
RPT - Real Property Tax
Article 18 - (1801 - 1806) PRESERVATION OF CLASS SHARE OF TAXES IN MUNICIPAL CORPORATIONS EXCEPT COUNTIES WITHIN A CITY, INCLUDED WITHIN THE BOUNDARIES OF A SPECIAL A
1805 - Limitation on increases of assessed value of individual parcels.

 
    §  1805.  Limitation  on  increases  of  assessed  value of individual
  parcels.   1. The assessor of  any  special  assessing  unit  shall  not
  increase the assessment of any individual parcel classified in class one
  in  any one year, as measured from the assessment on the previous year's
  assessment roll, by more than six percent and shall  not  increase  such
  assessment  by  more  than  twenty  percent in any five-year period. The
  first such five-year  period  shall  be  measured  from  the  individual
  assessment  appearing  on  the  assessment  roll  completed  in nineteen
  hundred eighty; provided that if such parcel would not have been subject
  to the provisions of this subdivision in  nineteen  hundred  eighty  had
  this  subdivision  then  been in effect, the first such five-year period
  shall be measured from the first year after nineteen hundred  eighty  in
  which  this  subdivision applied to such parcel or would have applied to
  such parcel had this subdivision been in effect in such year.
    If, in respect to any individual parcel classified in class one on the
  assessment roll completed and applicable for the year  nineteen  hundred
  eighty-two,  the  assessment  for  the  year nineteen hundred eighty-one
  exceeds by more than twenty percent the assessment for the year nineteen
  hundred eighty, such assessor shall compute the actual assessments to be
  entered on assessment rolls applicable to  the  years  nineteen  hundred
  eighty-two through nineteen hundred ninety as follows:
    (a) compute the maximum permissible assessments for the years nineteen
  hundred  eighty-one through nineteen hundred eighty-five pursuant to the
  limitations  contained  hereinabove  as  if  the  provisions   of   this
  subdivision  were in effect and applicable for assessment rolls prepared
  in the year nineteen hundred eighty-one;
    (b) subtract the maximum permissible assessment for the year  nineteen
  hundred  eighty-one  as computed in paragraph (a) hereof from the actual
  assessment entered on the assessment roll completed and  applicable  for
  the year nineteen hundred eighty-one and divide such result by four;
    (c)  the  assessment for the year nineteen hundred eighty-two shall be
  the maximum permissible assessment for such year as computed pursuant to
  such paragraph (a) minus the quotient determined pursuant  to  paragraph
  (b) hereinabove;
    (d) the assessment for the year nineteen hundred eighty-three shall be
  the maximum permissible assessment for such year as computed pursuant to
  such  paragraph  (a) minus the quotient determined pursuant to paragraph
  (b) hereinabove;
    (e) the assessment for the year nineteen hundred eighty-four shall  be
  the maximum permissible assessment for such year as computed pursuant to
  such  paragraph  (a) minus the quotient determined pursuant to paragraph
  (b) hereinabove;
    (f) the assessment for the year nineteen hundred eighty-five shall  be
  the maximum permissible assessment for such year as computed pursuant to
  such  paragraph  (a) minus the quotient determined pursuant to paragraph
  (b) hereinabove;
    (g) commencing and applicable in the years nineteen hundred eighty-six
  through nineteen hundred ninety, the limitations  contained  hereinabove
  shall   be   computed   as  measured  against  the  maximum  permissible
  assessments for the years nineteen hundred eighty-one  through  nineteen
  hundred  eighty-five  as  computed  in  paragraph (a) hereinabove and as
  measured against the actual assessments for the  years  occurring  after
  nineteen hundred eighty-five.
    2.  The  assessment  roll of a special assessing unit wholly contained
  within a city shall identify those parcels classified in class two which
  have fewer than eleven residential  units.  The  assessor  of  any  such
  special  assessing  unit shall not increase the assessment of any parcel
  so identified in any one year, as measured from the actual assessment on

  the previous year's assessment roll, by  more  than  eight  percent  and
  shall  not  increase  such assessment by more than thirty percent in any
  five-year period. The first such five-year period shall be measured from
  the  individual assessment appearing on the assessment roll completed in
  nineteen hundred eighty-one provided that, if such parcel would not have
  been subject to the provisions of this subdivision in  nineteen  hundred
  eighty-one  had  this  subdivision  then  been in effect, the first such
  five-year period shall be measured from the first  year  after  nineteen
  hundred  eighty-one  in which this subdivision applied to such parcel or
  would have applied to such parcel had this subdivision been in effect in
  such year.
    If, in respect to any parcel so  identified  on  the  assessment  roll
  completed  and applicable for the year nineteen hundred eighty-four, the
  actual assessment for the year nineteen hundred eighty-three exceeds  by
  more  than  thirty  percent the assessment for the year nineteen hundred
  eighty-one, such assessor shall compute the  actual  assessments  to  be
  entered  on  assessment  rolls  applicable to the years nineteen hundred
  eighty-four through nineteen hundred ninety-two as follows:
    (a) compute the maximum permissible assessments for the years nineteen
  hundred eighty-two through nineteen hundred eighty-seven pursuant to the
  limitations  contained  hereinabove  as  if  the  provisions   of   this
  subdivision  were in effect and applicable for assessment rolls prepared
  in the year nineteen hundred eighty-two;
    (b) subtract the maximum permissible assessment for the year  nineteen
  hundred  eighty-two  as computed in paragraph (a) hereof from the lesser
  of the actual or transition assessment entered on  the  assessment  roll
  completed and applicable for the year nineteen hundred eighty-two;
    (c)  subtract the maximum permissible assessment for the year nineteen
  hundred eighty-three as computed in such paragraph (a) from  the  lesser
  of  the  actual  or transition assessment entered on the assessment roll
  completed and applicable for the year nineteen hundred eighty-three;
    (d) add such results of the computations prescribed by paragraphs  (b)
  and (c) hereof as are greater than zero and divide such sum by four;
    (e)  the assessment for the year nineteen hundred eighty-four shall be
  the maximum permissible assessment for such year as computed pursuant to
  such paragraph (a) minus the quotient determined pursuant  to  paragraph
  (d) hereinabove;
    (f)  the assessment for the year nineteen hundred eighty-five shall be
  the maximum permissible assessment for such year as computed pursuant to
  such paragraph (a) minus the quotient determined pursuant  to  paragraph
  (d) hereinabove;
    (g)  the  assessment for the year nineteen hundred eighty-six shall be
  the maximum permissible assessment for such year as computed pursuant to
  such paragraph (a) minus the quotient determined pursuant  to  paragraph
  (d) hereinabove;
    (h) the assessment for the year nineteen hundred eighty-seven shall be
  the maximum permissible assessment for such year as computed pursuant to
  such  paragraph  (a) minus the quotient determined pursuant to paragraph
  (d) hereinabove;
    (i)  commencing  and  applicable  in  the   years   nineteen   hundred
  eighty-eight   through  nineteen  hundred  ninety-two,  the  limitations
  contained hereinabove shall be computed as measured against the  maximum
  permissible  assessments  for  the  years  nineteen hundred eighty-three
  through nineteen hundred  eighty-seven  as  computed  in  paragraph  (a)
  hereinabove and as measured against the actual assessments for the years
  occurring after nineteen hundred eighty-seven.
    3.  If  the assessment appearing on an assessment roll completed on or
  after January first, nineteen hundred  eighty-two  for  any  parcel  not

  subject  to  the  provisions  of subdivision one or two of this section,
  other than a parcel classified in  class  three,  is  greater  than  the
  assessment appearing on the previous year's assessment roll the assessor
  shall  determine  a  transition assessment for such parcel for the first
  assessment roll on which such greater assessment appears and for each of
  the succeeding four assessment rolls by computing the difference between
  such greater assessment and the assessment appearing  on  such  previous
  year's  assessment  roll  and  adding  the following percentages of such
  difference  to  the  assessment  appearing  on  such   previous   year's
  assessment  roll: in the first year, twenty percent; in the second year,
  forty percent; in the third year, sixty percent;  in  the  fourth  year,
  eighty  percent;  and  in  the  fifth  year, one hundred percent. If the
  assessment of a parcel is increased during a period for which transition
  assessments have  been  established  because  of  any  prior  assessment
  increases,  such new increase shall be phased-in over a five-year period
  as set forth in this subdivision, and such phased-in increases shall  be
  added  to  the  transitional  assessments previously established for the
  prior increase;  provided,  however,  that  if  in  any  year  any  such
  transition assessment exceeds the actual assessment for such year, taxes
  imposed  on  such  parcel  for  such  year shall be based on such lesser
  actual assessment. Notwithstanding the foregoing, during the  period  of
  any  such  transition, the assessment roll shall contain an entry of the
  full amount of such greater  assessment  which  shall  be  used  by  the
  commissioner  in its determination of class ratios pursuant to paragraph
  (b) of subdivision one of section twelve hundred two of this chapter. In
  establishing state equalization rates, class equalization rates, special
  state equalization rates and special  state  equalization  ratios  under
  article  twelve,  article twelve-A and article twelve-B of this chapter,
  the commissioner shall use the transition assessments as provided for in
  this subdivision in its determinations, or where the  actual  assessment
  is the lesser, such actual assessment shall be so used.
    4. Notwithstanding the provisions of subdivision three of this section
  no transition assessment shall be computed for any individual parcel for
  a  year  in which subdivision one or two of this section were applicable
  to such parcel, nor for any real property owned by the state  and  which
  is  subject  to  taxation  pursuant to title two of article five of this
  chapter, nor for any real property for which a statute provides  that  a
  state  equalization  rate or special equalization rate shall be employed
  to determine the assessed value or the taxable assessed value.
    5. Nothing in this section shall prevent  placing  on  the  assessment
  roll  new property, additions to or improvements of existing property or
  formerly exempt property or the full or partial removal from the roll of
  property by reason of fire, demolition, destruction or new exemption and
  such increase or  decrease  in  value  shall  not  be  included  in  the
  computation  of  the  limitations prescribed by this section. Any parcel
  which would be assessed at a greater amount but for  the  provisions  of
  subdivision one or two of this section shall be excluded from any survey
  or  computation  made  by  any  body  or  officer  for  the  purpose  of
  determining a level of assessment to be used in  the  administrative  or
  judicial  review  of  assessments  including,  but not limited to, class
  ratios computed pursuant to paragraph (b) of subdivision one of  section
  twelve  hundred  two  of  this  chapter, ratios computed by selection of
  parcels or from actual sales of real property under  the  provisions  of
  subdivision  three  of section seven hundred twenty of this chapter, and
  residential assessment ratios computed pursuant to section seven hundred
  thirty-eight of this chapter, but not including state equalization rates
  or class equalization rates. In the event that a parcel appearing on the
  assessment roll completed in nineteen hundred eighty or  any  subsequent

  roll  is  subdivided  or  consolidated with another, such assessor shall
  make an appropriate allocation of the assessed value of such  parcel  in
  the determination of the limitations prescribed in this section.
    6.  Notwithstanding  any  provision  of  law  to  the contrary, in any
  special assessing unit wholly contained within a  city,  beginning  with
  the  assessment  roll  completed  in  two  thousand  five  and  for each
  subsequent  assessment  roll,  the  assessor  shall  not  increase   the
  assessment  of  any  existing  property classified in class two that has
  fewer than eleven residential units, with respect  to  any  increase  in
  value attributable to additions to or improvements of such property that
  were  not  reflected on the assessment roll for a previous year, by more
  than one-third of the amount that such assessment would increase, in the
  absence of this subdivision, with  respect  to  any  increase  in  value
  attributable  to additions to or improvements of such property that were
  not  reflected  on  the   assessment   roll   for   a   previous   year.
  Notwithstanding  the provisions of subdivision five of this section, the
  remainder of the increase in value attributable  to  such  additions  or
  improvements  that  were  not  reflected  on  the  assessment roll for a
  previous year shall be subject to the limitations on increases  provided
  in  subdivision two of this section. This subdivision shall not apply to
  the construction of a new building or structure. This subdivision  shall
  not apply where, as a result of such additions to or improvements of the
  existing  property,  there  are  more than ten residential units in such
  property.