2012 New York Consolidated Laws
RPT - Real Property Tax
Article 19 - (1901 - 1906) PRESERVATION OF CLASS SHARE OF TAXES OTHER THAN IN SPECIAL ASSESSING UNITS
1903-A - Optional homestead and non-homestead tax rates in eligible split tax districts.

 
    §  1903-a.  Optional homestead and non-homestead tax rates in eligible
  split tax districts. 1. Notice of intent. (a) The governing body  of  an
  eligible  split  tax  district  which intends to establish homestead and
  non-homestead tax rates shall file  a  notice  of  intent  to  establish
  homestead and non-homestead tax rates with each assessor who prepares an
  assessment  roll  used in whole or in part for the levy of taxes by such
  tax district. The notice shall be filed with each assessor on or  before
  the  taxable status date of the first assessment roll to which homestead
  and non-homestead tax rates may apply. A copy of the  notice  of  intent
  shall  also  be  filed  with  the  county  director of real property tax
  services.
    (b) The governing body of a school district or village  which  expects
  one  or  more  cities  or towns within the school district or village to
  adopt local laws pursuant to section  nineteen  hundred  three  of  this
  article  and  thereby  render the school district or village an eligible
  split  tax  district  and  which  intends  to  establish  homestead  and
  non-homestead  tax  rates  is authorized to and shall file the notice of
  intent required by paragraph (a) of this subdivision.
    (c) The governing body of an eligible split  tax  district  which  has
  filed a notice of intent pursuant to this subdivision and which does not
  intend  to  establish  homestead  and non-homestead tax rates may cancel
  such notice  of  intent,  provided  that  such  cancellation  shall  not
  prohibit  a  subsequent  filing  of the notice of intent. A copy of such
  cancellation shall be filed with the appropriate  assessors  and  county
  director of real property tax services.
    2.  Classification  of  assessment rolls; assessor certification. Upon
  receiving notice pursuant to  subdivision  one  of  this  section,  each
  assessor  who  prepares  an assessment roll used in whole or in part for
  the levy of the taxes by such eligible split tax district shall classify
  in either the homestead or non-homestead class each property  listed  on
  such  roll  or on the part thereof applicable to such tax district. Such
  classification  of   individual   properties   shall   be   subject   to
  administrative  and  judicial  review pursuant to title one-A of article
  five and title one of article seven of this chapter. Upon completion and
  filing  of  a  final  assessment  roll  classified  pursuant   to   this
  subdivision,  the  assessor  shall certify to the authorities of the tax
  district the total assessed value and total taxable  assessed  value  of
  the  real  property subject to taxation for purposes of the tax district
  in the homestead and non-homestead class,  respectively,  as  determined
  from  such  assessment  roll  or  part  thereof  applicable  to  the tax
  district. The classification  and  certification  requirements  of  this
  subdivision  shall  apply  until the governing body of an eligible split
  tax district either cancels the notice of intent to establish  homestead
  and  non-homestead tax rates pursuant to subdivision one of this section
  or rescinds  a  resolution  adopting  the  provisions  of  this  section
  pursuant to subdivision five of this section.
    3.  Adoption.  The  governing  body  of an eligible split tax district
  which has filed a notice of intent pursuant to subdivision one  of  this
  section  may  adopt  the  provisions  of  this  section  by  resolution,
  following a public hearing, at  any  time  prior  to  the  levy  of  the
  district's  taxes.    Prior notice of such hearing shall be published at
  least once in a newspaper having general circulation in the tax district
  and shall be provided to the  governing  body  of  each  city  and  town
  located  wholly  or  partially within the tax district. Adoption of such
  resolution shall require use of homestead and  non-homestead  tax  rates
  calculated  pursuant  to  subdivision  four  of  this  section  for  all
  subsequent tax levies until such resolution is rescinded as provided  in
  subdivision  five  of  this  section. A copy of such resolution shall be

  filed with the body, officer or employee that computes the tax rates and
  the county director of real property tax services.
    4.  Calculation  of  tax  rates.  (a)  Equalization  by class. The tax
  authorities shall determine for the homestead and non-homestead classes,
  respectively, the total full valuation and total taxable full  valuation
  of  the  real property subject to taxation for district purposes in each
  city or town or part thereof included within the tax district. The total
  full valuation of a class in a city or town or  part  thereof  shall  be
  computed  by  dividing  the  total assessed value of the property in the
  class by the  state  equalization  rate  or  special  equalization  rate
  prescribed  in  section  thirteen  hundred fourteen of this chapter. The
  total taxable full valuation of a class  in  a  city  or  town  or  part
  thereof  shall  be computed by dividing the total taxable assessed value
  of the property in the class by the state equalization rate  or  special
  equalization  rate  prescribed  in  section thirteen hundred fourteen of
  this chapter.
    (b) Aggregate tax district homestead  and  non-homestead  proportions.
  The  governing  body  of  the  tax  district  shall  establish by annual
  resolution  an  aggregate  tax  district  homestead  proportion  and  an
  aggregate  tax  district  non-homestead  proportion.  The  aggregate tax
  district  homestead  proportion  shall  be  computed  by  dividing   the
  aggregate  taxable  full valuation of the real property in the homestead
  class in the tax district as a  whole  by  the  aggregate  taxable  full
  valuation  of  the real property in both the homestead and non-homestead
  classes in the tax district as  a  whole.  The  aggregate  tax  district
  non-homestead  proportion shall be computed by subtracting the aggregate
  tax district homestead proportion from the whole number one.
    (c) Aggregate homestead and non-homestead tax  shares.  The  governing
  body  of  the  tax  district  shall  determine  by annual resolution the
  percentage of the tax levy to be allocated to  each  class  in  the  tax
  district as a whole by establishing an aggregate homestead tax share and
  an  aggregate non-homestead tax share. The aggregate homestead tax share
  shall be no less than seventy-five percent and no more than one  hundred
  percent  of  the aggregate tax district homestead proportion, subject to
  the following constraints:
    (i) the aggregate non-homestead tax share shall not exceed one hundred
  twenty-five  percent  of  the  aggregate  tax   district   non-homestead
  proportion;
    (ii) where more than fifty-seven and one-half percent of the aggregate
  taxable  full  valuation of the real property in the non-homestead class
  in the eligible split tax district which is a school district as a whole
  is attributable to non-homestead real property located in  one  or  more
  city  or  town approved assessing units which have in effect a local law
  adopted pursuant to section nineteen hundred three of this article,  the
  aggregate  non-homestead  tax  share  shall not exceed the non-homestead
  base proportion,  adjusted  non-homestead  base  proportion  or  locally
  adjusted  non-homestead  proportion  certified  pursuant  to subdivision
  seven of such section nineteen hundred three or where the eligible split
  tax district which is a school district is located in more than one such
  city or town, an average of  such  proportions  weighted  by  the  total
  taxable  full  valuation of the non-homestead class in each such city or
  town or part thereof within the eligible split tax district which  is  a
  school district; and
    (iii)  the sum of the aggregate homestead and non-homestead tax shares
  shall equal one hundred percent.
  The governing body of the  tax  district  shall  certify  the  aggregate
  homestead  and non-homestead tax shares to the body, officer or employee
  that computes the tax district's tax rates.

    (d) Apportionment  by  class.  The  body,  officer  or  employee  that
  computes  the  tax  district's tax rates shall allocate to the homestead
  and non-homestead classes in the tax district as a whole,  respectively,
  a  share  of  the  amount to be raised equal to the applicable aggregate
  homestead  or non-homestead tax share. The amount to be raised from each
  such class in the tax district as a  whole  shall  then  be  apportioned
  separately  among  the cities or towns or parts thereof in which the tax
  district is located in proportion to the percentage that the total  full
  valuation  of  the class in each such city or town or part thereof bears
  to the aggregate total full valuation of the class in the  tax  district
  as a whole. The amount so apportioned to each class in each city or town
  shall be the amount to be raised from that class in that city or town.
    (e)  Class  tax rates. The body, officer or employee that computes the
  tax district's tax rates shall compute a  tax  rate  for  the  homestead
  class  and a separate tax rate for the non-homestead class for each city
  or town or part thereof in which the tax district is  located.  The  tax
  rate  for a class in a city or town or part thereof shall be computed by
  dividing the amount to be raised from the class in that city or town  by
  the  total  taxable  assessed value of the real property in the class in
  that city or town or part thereof as entered  on  the  final  assessment
  roll used for the levy of the tax district's taxes.
    (f) Correction and review. The equalization and apportionment required
  by  this  subdivision  shall  be subject to correction and review to the
  extent practicable as provided in section thirteen hundred  fourteen  of
  this chapter.
    5.  Rescission.  The  governing body of the tax district may rescind a
  resolution adopting the provisions of this  section,  without  a  public
  hearing,  at  any time prior to the levy of taxes for the fiscal year to
  which such resolution is applicable. A copy of such resolution shall  be
  filed  with  the  body,  officer  or  employee  that  computes  the  tax
  district's tax rates, each assessor who prepares an assessment roll used
  in whole or in part for the levy of the tax  district's  taxes  and  the
  county director of real property tax services.
    6.  Expiration.  A notice of intent shall expire if the governing body
  fails to adopt the provisions of this  section  within  one  year  after
  filing  the notice of intent. Upon the expiration of a notice of intent,
  the classification requirements  of  this  section  shall  cease  to  be
  applicable,  but  may  be  reinstated  by  the filing of a new notice of
  intent.