Assessor Manuals, Exemption Administration: Chapter 122 of the Laws of 2015
Exemption Administration Manual—Part 1: Residential—other than multiple dwellings
Section 4.01 - Chapter 122 of the Laws of 2015: Superstorm Sandy assessment relief
Exemption Code(s):
4439_
Year Originally Enacted:
2015
Related Statutes:
Chapter 424 of the Laws of 2013
Summary:
To the extent allowed by local option, owner-occupied residential property located in a county designated in FEMA-4085-DR that is the primary residence of the owner and has been reconstructed, altered, or improved as a result of damage sustained during Superstorm Sandy is partially exempt from county, town, and school taxes, but is liable for special ad valorem levies and special assessments. The amount of the exemption is limited to a percentage of the increase in assessed value attributable to the reconstruction, alteration, or improvement. An eligible property must have received assessment relief under the Superstorm Sandy Assessment Relief Act of 2013 (Chapter 424 of the Laws of 2013). The duration of the exemption is limited to eight years.
Eligibility requirements:
Ownership requirements
The property must be the primary residence of the owner. The owner at the time of the issuance of the certificate of occupancy upon the completion of the eligible reconstruction, alteration, or improvement must be the same as the owner immediately prior to Superstorm Sandy. The exemption shall cease if the property is transferred to another owner other than an heir or distribute for whom the property is their primary residence. The exemption shall also cease if the building or structure ceases to be used as the primary residence of the owner.
Property location requirements
Property must be located in a county designated by FEMA 4085-DR. This includes the counties of Greene, Nassau, Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and Westchester.
Property use requirements
A building or structure must be used exclusively for residential purposes as a one, two, or three family dwelling which is the primary residence of its owner.
Certification by state or local government
Completion of the reconstruction, alteration, or improvement project must be demonstrated by a certificate of occupancy issued no later than March 1, 2022.
Required construction start date or other time requirement
No exemption may be granted for aspects of the primary residence not in existence or otherwise not a part of the primary residence prior to October 29, 2012. A certificate of occupancy must be issued on or before March 1, 2022.
Local option
Yes:
Eligible municipal taxing jurisdictions and school districts may choose whether or not to allow the exemption. The option to exempt must be exercised by a municipality through adoption of a local law or in the case of a school district, a resolution. A copy of the local law must be filed with the Commissioner of Taxation and Finance and the Assessor of the affected municipality.
Eligible municipal taxing jurisdictions and school districts may limit eligibility for the exemption to those forms of reconstruction, alteration, or improvement as prescribed in their local law or resolution.
Limitation on exemption
| Taxing Jurisdiction | Amount* | Duration | Special ad valorem levies | Special assessments |
|---|---|---|---|---|
| County or county special district | Exempt** | 8 years | Taxable | Taxable |
| City*** | Taxable | Not applicable | Not applicable | Taxable |
| Town or town special district | Exempt** | 8 years | Taxable | Taxable |
| Village*** | Taxable | Not applicable | Taxable | Taxable |
| school district | Exempt** | 8 years | Not applicable | Taxable |
* See Calculation of Exemption below.
** If allowed by local option.
***There is no exemption allowed for city or village taxes, but, to the extent allowed by local option, property that is located in a city may nonetheless be eligible for the exemption from county and/or school district taxes if otherwise qualified, and property that is located in a village may nonetheless be eligible for the exemption from county, town and/or school district taxes if otherwise qualified.
Payments in lieu of taxes
None required.
Calculation of exemption
General municipal and school district taxes
This exemption is for county, town, and school district taxes only. The extent of the exemption is determined by the exemption base and the percent of that base allowed as exempt each year. The exemption base is defined as the increase in assessed value, as determined in the initial year of the exemption, based solely on reconstruction, alteration, or improvement due to damage resulting from Superstorm Sandy. Any year in which there is a change in level of assessment of 15% or more for a final assessment roll the exemption base must be adjusted by the fraction resulting from dividing the total assessed value of the parcel on that final roll (after accounting for any physical or quantity changes since the prior roll) by the total assessed value on the immediately preceding assessment roll.
The exemption equals the base exemption multiplied by one of the following percentages:
| Year of exemption | Percentage of exemption |
|---|---|
| 1 | 100 |
| 2 | 87.5 |
| 3 | 75 |
| 4 | 62.5 |
| 5 | 50 |
| 6 | 37.5 |
| 7 | 25 |
| 8 | 12.5 |
Special ad valorem levies and special assessments
No exemption from special ad valorem levies or special assessments is allowed.
Assessment Roll Section
Taxable (RPS Section 1).
Filing requirements (owner or occupant of property)
File Form RP-5850, Application for Superstorm Sandy Exemption From Real Property Tax
Reporting requirements (Assessor)
None.
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