State Codes and Statutes

Statutes > New-york > Rpt > Article-5 > Title-4 > 581

§  581.  Assessment of residential cooperative, condominium and rental  property. 1. (a)  Notwithstanding  any  other  provision  of  law,  real  property   owned  or  leased  by  a  cooperative  corporation  or  on  a  condominium basis shall be assessed for purposes of this  chapter  at  a  sum  not exceeding the assessment which would be placed upon such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis.    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply to such real property classified within:    (i) on and after January first, nineteen hundred eighty-six, class one  of section one thousand eight hundred two of this chapter; or    (ii)  on  and  after  January first, nineteen hundred eighty-four, the  homestead class of an approved assessing  unit  which  has  adopted  the  provisions  of  section one thousand nine hundred three of this chapter,  or the homestead class of the portion outside an approved assessing unit  of an eligible split school district which has adopted the provisions of  section nineteen hundred three-a of  this  chapter;  provided,  however,  that,  in  an  approved  assessing  unit which adopted the provisions of  section one thousand nine hundred three of this  chapter  prior  to  the  effective  date  of  this subdivision, paragraph (a) of this subdivision  shall apply to all such real property (i) which is classified within the  homestead class pursuant to paragraph one of subdivision (e) of  section  one thousand nine hundred one of this chapter and (ii) which, regardless  of  classification,  was  on  the assessment roll prior to the effective  date of this subdivision unless the  governing  body  of  such  approved  assessing  unit  provides  by  local law adopted after a public hearing,  prior to the taxable status date of such assessing unit  next  occurring  after  December  thirty-first,  nineteen hundred eighty-three, that such  paragraph (a) shall not apply to such real property to which this clause  applies.    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply  to a converted condominium unit in a municipal corporation, other  than a special assessing unit, which has adopted, prior to  the  taxable  status  date of the assessment roll upon which its taxes will be levied,  a local law or, for a school district, a resolution providing  that  the  provisions  of  paragraph  (a)  of  this  subdivision shall not apply to  converted  condominium  units  within  that  municipal  corporation.   A  converted  condominium  unit for purposes of this paragraph shall mean a  dwelling unit held in condominium form of ownership that has  previously  been  on an assessment roll as a dwelling unit in other than condominium  form of ownership, and has not been previously subject to the provisions  of paragraph (a) of this subdivision.    2. Real property owned or leased by a cooperative corporation or on  a  condominium  basis  which  is  located in an approved assessing unit, or  which is not located in an approved assessing unit but which is  located  in an eligible split school district which has adopted the provisions of  section  nineteen hundred three-a of this chapter, and is not subject to  the provisions of paragraph (a) of  subdivision  one  of  this  section,  shall be assessed pursuant to the provisions of this subdivision.    (a)  The  assessor of an assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis, which value shall be known as the restricted assessed  valuation.    (b) The assessor of such assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  without regard to the  restrictions  found  in  paragraph  (a)  of  thissubdivision  or section three hundred thirty-nine-y of the real property  law, which value shall be known as the assessed valuation.    (c)  The  assessor  of  such  assessing  unit shall enter the assessed  valuation on  the  assessment  roll  of  such  assessing  unit  and  the  restricted  assessed  valuation  in  a separate column of the assessment  roll of such assessing unit.    (d) A municipal corporation which levies  taxes  pursuant  to  article  nineteen  of  this  chapter  shall  levy such taxes against the assessed  valuation of such parcels for taxes imposed by  or  on  behalf  of  such  municipal corporation.    (e)  A  municipal  corporation  which  does not levy taxes pursuant to  article nineteen of this chapter  shall  levy  such  taxes  against  the  restricted  assessed valuation of such parcels for taxes levied by or on  behalf of such municipal corporation.    3. Notwithstanding any other provision of law, real property  occupied  for  residential  purposes  on  a  rental  basis  (as  distinct  from  a  cooperative or condominium basis) shall be assessed  without  regard  to  the  value  the  property  might  have  if converted to a cooperative or  condominium basis or if  sold  or  owned  for  the  purpose  of  such  a  conversion.    4.   For   the   purposes  of  this  section,  the  term  "cooperative  corporation" shall include any corporation organized under  any  special  or  general  law  of  this  state,  including,  but  not limited to, the  business  corporation  law,  the  cooperative  corporations   law,   the  not-for-profit  corporation law, and the private housing finance law, or  the  predecessor  statutes  thereof,  primarily  for  providing  housing  accommodations to its stockholders or members and which is, or is to be,  operated  for the benefit of the persons or families who are entitled to  occupancy  by  reason  of  ownership  of  stock  or  membership  in  the  corporation.

State Codes and Statutes

Statutes > New-york > Rpt > Article-5 > Title-4 > 581

§  581.  Assessment of residential cooperative, condominium and rental  property. 1. (a)  Notwithstanding  any  other  provision  of  law,  real  property   owned  or  leased  by  a  cooperative  corporation  or  on  a  condominium basis shall be assessed for purposes of this  chapter  at  a  sum  not exceeding the assessment which would be placed upon such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis.    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply to such real property classified within:    (i) on and after January first, nineteen hundred eighty-six, class one  of section one thousand eight hundred two of this chapter; or    (ii)  on  and  after  January first, nineteen hundred eighty-four, the  homestead class of an approved assessing  unit  which  has  adopted  the  provisions  of  section one thousand nine hundred three of this chapter,  or the homestead class of the portion outside an approved assessing unit  of an eligible split school district which has adopted the provisions of  section nineteen hundred three-a of  this  chapter;  provided,  however,  that,  in  an  approved  assessing  unit which adopted the provisions of  section one thousand nine hundred three of this  chapter  prior  to  the  effective  date  of  this subdivision, paragraph (a) of this subdivision  shall apply to all such real property (i) which is classified within the  homestead class pursuant to paragraph one of subdivision (e) of  section  one thousand nine hundred one of this chapter and (ii) which, regardless  of  classification,  was  on  the assessment roll prior to the effective  date of this subdivision unless the  governing  body  of  such  approved  assessing  unit  provides  by  local law adopted after a public hearing,  prior to the taxable status date of such assessing unit  next  occurring  after  December  thirty-first,  nineteen hundred eighty-three, that such  paragraph (a) shall not apply to such real property to which this clause  applies.    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply  to a converted condominium unit in a municipal corporation, other  than a special assessing unit, which has adopted, prior to  the  taxable  status  date of the assessment roll upon which its taxes will be levied,  a local law or, for a school district, a resolution providing  that  the  provisions  of  paragraph  (a)  of  this  subdivision shall not apply to  converted  condominium  units  within  that  municipal  corporation.   A  converted  condominium  unit for purposes of this paragraph shall mean a  dwelling unit held in condominium form of ownership that has  previously  been  on an assessment roll as a dwelling unit in other than condominium  form of ownership, and has not been previously subject to the provisions  of paragraph (a) of this subdivision.    2. Real property owned or leased by a cooperative corporation or on  a  condominium  basis  which  is  located in an approved assessing unit, or  which is not located in an approved assessing unit but which is  located  in an eligible split school district which has adopted the provisions of  section  nineteen hundred three-a of this chapter, and is not subject to  the provisions of paragraph (a) of  subdivision  one  of  this  section,  shall be assessed pursuant to the provisions of this subdivision.    (a)  The  assessor of an assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis, which value shall be known as the restricted assessed  valuation.    (b) The assessor of such assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  without regard to the  restrictions  found  in  paragraph  (a)  of  thissubdivision  or section three hundred thirty-nine-y of the real property  law, which value shall be known as the assessed valuation.    (c)  The  assessor  of  such  assessing  unit shall enter the assessed  valuation on  the  assessment  roll  of  such  assessing  unit  and  the  restricted  assessed  valuation  in  a separate column of the assessment  roll of such assessing unit.    (d) A municipal corporation which levies  taxes  pursuant  to  article  nineteen  of  this  chapter  shall  levy such taxes against the assessed  valuation of such parcels for taxes imposed by  or  on  behalf  of  such  municipal corporation.    (e)  A  municipal  corporation  which  does not levy taxes pursuant to  article nineteen of this chapter  shall  levy  such  taxes  against  the  restricted  assessed valuation of such parcels for taxes levied by or on  behalf of such municipal corporation.    3. Notwithstanding any other provision of law, real property  occupied  for  residential  purposes  on  a  rental  basis  (as  distinct  from  a  cooperative or condominium basis) shall be assessed  without  regard  to  the  value  the  property  might  have  if converted to a cooperative or  condominium basis or if  sold  or  owned  for  the  purpose  of  such  a  conversion.    4.   For   the   purposes  of  this  section,  the  term  "cooperative  corporation" shall include any corporation organized under  any  special  or  general  law  of  this  state,  including,  but  not limited to, the  business  corporation  law,  the  cooperative  corporations   law,   the  not-for-profit  corporation law, and the private housing finance law, or  the  predecessor  statutes  thereof,  primarily  for  providing  housing  accommodations to its stockholders or members and which is, or is to be,  operated  for the benefit of the persons or families who are entitled to  occupancy  by  reason  of  ownership  of  stock  or  membership  in  the  corporation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-5 > Title-4 > 581

§  581.  Assessment of residential cooperative, condominium and rental  property. 1. (a)  Notwithstanding  any  other  provision  of  law,  real  property   owned  or  leased  by  a  cooperative  corporation  or  on  a  condominium basis shall be assessed for purposes of this  chapter  at  a  sum  not exceeding the assessment which would be placed upon such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis.    (b) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply to such real property classified within:    (i) on and after January first, nineteen hundred eighty-six, class one  of section one thousand eight hundred two of this chapter; or    (ii)  on  and  after  January first, nineteen hundred eighty-four, the  homestead class of an approved assessing  unit  which  has  adopted  the  provisions  of  section one thousand nine hundred three of this chapter,  or the homestead class of the portion outside an approved assessing unit  of an eligible split school district which has adopted the provisions of  section nineteen hundred three-a of  this  chapter;  provided,  however,  that,  in  an  approved  assessing  unit which adopted the provisions of  section one thousand nine hundred three of this  chapter  prior  to  the  effective  date  of  this subdivision, paragraph (a) of this subdivision  shall apply to all such real property (i) which is classified within the  homestead class pursuant to paragraph one of subdivision (e) of  section  one thousand nine hundred one of this chapter and (ii) which, regardless  of  classification,  was  on  the assessment roll prior to the effective  date of this subdivision unless the  governing  body  of  such  approved  assessing  unit  provides  by  local law adopted after a public hearing,  prior to the taxable status date of such assessing unit  next  occurring  after  December  thirty-first,  nineteen hundred eighty-three, that such  paragraph (a) shall not apply to such real property to which this clause  applies.    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not  apply  to a converted condominium unit in a municipal corporation, other  than a special assessing unit, which has adopted, prior to  the  taxable  status  date of the assessment roll upon which its taxes will be levied,  a local law or, for a school district, a resolution providing  that  the  provisions  of  paragraph  (a)  of  this  subdivision shall not apply to  converted  condominium  units  within  that  municipal  corporation.   A  converted  condominium  unit for purposes of this paragraph shall mean a  dwelling unit held in condominium form of ownership that has  previously  been  on an assessment roll as a dwelling unit in other than condominium  form of ownership, and has not been previously subject to the provisions  of paragraph (a) of this subdivision.    2. Real property owned or leased by a cooperative corporation or on  a  condominium  basis  which  is  located in an approved assessing unit, or  which is not located in an approved assessing unit but which is  located  in an eligible split school district which has adopted the provisions of  section  nineteen hundred three-a of this chapter, and is not subject to  the provisions of paragraph (a) of  subdivision  one  of  this  section,  shall be assessed pursuant to the provisions of this subdivision.    (a)  The  assessor of an assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  were the parcel not owned or leased by a cooperative corporation or on a  condominium basis, which value shall be known as the restricted assessed  valuation.    (b) The assessor of such assessing unit in which such real property is  located shall compute an assessment which would be placed on such parcel  without regard to the  restrictions  found  in  paragraph  (a)  of  thissubdivision  or section three hundred thirty-nine-y of the real property  law, which value shall be known as the assessed valuation.    (c)  The  assessor  of  such  assessing  unit shall enter the assessed  valuation on  the  assessment  roll  of  such  assessing  unit  and  the  restricted  assessed  valuation  in  a separate column of the assessment  roll of such assessing unit.    (d) A municipal corporation which levies  taxes  pursuant  to  article  nineteen  of  this  chapter  shall  levy such taxes against the assessed  valuation of such parcels for taxes imposed by  or  on  behalf  of  such  municipal corporation.    (e)  A  municipal  corporation  which  does not levy taxes pursuant to  article nineteen of this chapter  shall  levy  such  taxes  against  the  restricted  assessed valuation of such parcels for taxes levied by or on  behalf of such municipal corporation.    3. Notwithstanding any other provision of law, real property  occupied  for  residential  purposes  on  a  rental  basis  (as  distinct  from  a  cooperative or condominium basis) shall be assessed  without  regard  to  the  value  the  property  might  have  if converted to a cooperative or  condominium basis or if  sold  or  owned  for  the  purpose  of  such  a  conversion.    4.   For   the   purposes  of  this  section,  the  term  "cooperative  corporation" shall include any corporation organized under  any  special  or  general  law  of  this  state,  including,  but  not limited to, the  business  corporation  law,  the  cooperative  corporations   law,   the  not-for-profit  corporation law, and the private housing finance law, or  the  predecessor  statutes  thereof,  primarily  for  providing  housing  accommodations to its stockholders or members and which is, or is to be,  operated  for the benefit of the persons or families who are entitled to  occupancy  by  reason  of  ownership  of  stock  or  membership  in  the  corporation.