485-J - Residential property improvement exemption; certain cities.

* § 485-j. Residential property improvement exemption; certain cities.  1.   Construction of improvements to residential real property initiated  on or after the first day of January, two thousand  six  in  the  cities  with  a  population of not less than one hundred thirty thousand and not  more than one hundred sixty thousand may be exempt from city and  school  taxation as provided in this section.    2.  (a)(i) Such real property shall be exempt for a period of one year  to the extent of one hundred per centum  of  the  increase  in  assessed  value  thereof  attributable  to such construction and for an additional  period of  four  years  provided,  however,  that  the  extent  of  such  exemption  shall be decreased by twenty per centum each year during such  additional period of four years and such  exemption  shall  be  computed  with  respect  to  the "exemption base". The exemption base shall be the  increase in assessed value due to  improvements  as  determined  by  the  assessor  in  the  initial  year  of such five year period following the  filing of an original application.    (ii) The following table shall illustrate the computation of the  city  tax exemption:   Year of exemption                  Percentage of exemption          1                                    100          2                                    80          3                                    60          4                                    40          5                                    20     (iii)  Exemptions granted pursuant to this section shall apply to real  property taxes imposed for both city and school district purposes.    (b) No such exemption shall be granted unless: (i)  such  construction  of  improvements  was commenced on or after the first day of January two  thousand six or such later date as may be specified by local law;    (ii) the residential real  property  is  situate  in  a  city  with  a  population  of  not  less  than one hundred thirty thousand and not more  than one hundred sixty thousand;    (iii) the value of such construction exceeds the sum of  ten  thousand  dollars; and    (iv)  such  construction  is  documented  by  a  building  permit,  if  required, for the improvements, or other  appropriate  documentation  as  required by the assessor.    (c)   For   purposes   of  this  section  the  term  "construction  of  improvements" shall not include ordinary maintenance and repairs.    3. Such exemption shall be granted only upon application by the  owner  of  such  real  property  on  a form prescribed by the state board. Such  application shall be filed with the assessor of a city with a population  of not less than one hundred thirty  thousand  and  not  more  than  one  hundred  sixty thousand on or before the appropriate taxable status date  of such city and within one year from the date  of  completion  of  such  construction of improvements.    4.  If  the assessor is satisfied that the applicant is entitled to an  exemption pursuant  to  this  section,  he  or  she  shall  approve  the  application  and  such  real  property  shall  thereafter be exempt from  taxation and special ad valorem levies by a city with  a  population  of  not  less than one hundred thirty thousand and not more than one hundred  sixty  thousand  as  provided  in  this  section  commencing  with   the  assessment  roll  prepared  after the taxable status date referred to in  subdivision three of this section. The assessed value of  any  exemption  granted pursuant to this section shall be entered by the assessor on theassessment  roll  with  the  taxable  property,  with  the amount of the  exemption shown in a separate column.    5.  In  the  event that real property granted an exemption pursuant to  this section ceases to be used  primarily  for  eligible  purposes,  the  exemption granted pursuant to this section shall cease.    6.  A  city  with  a  population  of  not less than one hundred thirty  thousand and not more than one hundred sixty thousand may, by local law,  establish a date for the commencement of effectiveness of the  exemption  offered pursuant to this section. A copy of all such local laws shall be  filed with the state board and the assessor of the city.    * NB There are 5 § 485-j's