S T A T E   O F   N E W   Y O R K
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    S. 5703                                                  A. 7908

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 29, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Real Property Taxation

AN ACT in relation to enacting the "473  Dune  Road,  Westhampton  Beach
  assessment relief act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Definitions. For the purposes of this  act,  the  following
terms shall have the following meanings:
  1.  "Eligible  municipality"  shall  mean  a municipal corporation, as
defined by subdivision 10 of section 102 of the real property  tax  law,
which is a county, town, village, special district, or school district.
  2.  "Impacted  tax  roll"  shall  mean the final assessment roll which
satisfies both of the following conditions: (a) the roll is based upon a
taxable status date occurring prior to April 15,  2015;  and  (b)  taxes
levied  upon  that  roll by or on behalf of a participating municipality
are payable without interest on or after April 15, 2015.
  3. "Participating municipality" shall mean  an  eligible  municipality
that  has  passed  a  local  law,  ordinance,  or resolution pursuant to
section three of this act  to  provide  assessment  relief  to  property
owners  within  such eligible municipality pursuant to the provisions of
this act.
  4. "Total assessed value" shall mean the total assessed value  on  the
parcel prior to any and all exemption adjustments.
  5.  "Improved  value" shall mean the market value of the real property
improvements excluding the land.
  6. "Property" shall mean "real  property",  "property"  or  "land"  as
defined  under  paragraphs  (a) through (g) of subdivision 12 of section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11228-02-5
              

S. 5703                             2                            A. 7908

102 of the real property tax law, located at 473 Dune Road,  village  of
Westhampton  Beach,  town  of Southampton, county of Suffolk, containing
fifty four (54) residential units, which were  completely  destroyed  by
fire on April 15, 2015.
  S   2.  Local  option.  An  eligible  municipality  may  exercise  the
provisions of this act in relation to the  property,  if  its  governing
body  shall,  by  the forty-fifth day following the date upon which this
act is approved by the governor, pass a local law or in the  case  of  a
school district a resolution adopting the provisions of this act.
  S  3.  Assessment  relief.  The  assessed  value  attributable  to the
improvements shall be reduced by one hundred percent for purposes of the
participating municipality on the impacted tax  roll.  No  reduction  in
assessed value shall be granted pursuant to this section for purposes of
any county, city, town, village or school district which has not adopted
the  provisions  of  this act. To the extent the total assessed value of
the property originally appearing on such roll  exceeds  the  amount  to
which  it  should  be  reduced pursuant to this act, the excess shall be
considered an error in essential fact as defined  by  subdivision  3  of
section  550 of the real property tax law. If the error appears on a tax
roll, the tax roll shall be corrected in the manner provided by  section
554 of the real property tax law or a refund or credit of taxes shall be
granted  in  the  manner provided by section 556 or section 556-b of the
real property tax law. If the error appears on a final  assessment  roll
but  not on a tax roll, such final assessment roll shall be corrected in
the manner provided by section 553 of the real  property  tax  law.  The
errors  in  essential  fact found pursuant to this act on either the tax
roll or final assessment roll, upon application to the  county  director
of real property tax services, shall be forwarded by the county director
of  real  property  tax  services immediately to the levying body for an
immediate order setting forth the  appropriate  correction.  The  rights
contained  in  this  act  shall not otherwise diminish any other legally
available right of  any  property  owner  or  party  who  may  otherwise
lawfully  challenge  the valuation or assessment of any real property or
improvements thereon. All remaining rights hereby remain  and  shall  be
available  to the party to whom such rights would otherwise be available
notwithstanding this act.
  S 4. School districts held harmless.  Each  school  district  that  is
wholly  or  partially  contained within an eligible county shall be held
harmless by the state for any reduction in state  aid  that  would  have
been paid as tax savings pursuant to section 1306-a of the real property
tax law incurred due to the provisions of this act.
  S 5. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 6. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 15, 2015.