§ 730. Procedure to review small claims. 1. The chief administrator of\nthe courts shall establish a small claims assessment review program in\nthe supreme court. An owner of real property claiming to be aggrieved by\nan assessment on real property on the ground that such assessment is\nunequal or excessive may file a petition for review pursuant to this\narticle provided that:\n (a) the property owner shall have first filed a complaint pursuant to\nsection five hundred twenty-four or section fourteen hundred eight of\nthis chapter or the provisions of a local law or charter providing for\nadministrative review of assessments;\n (b) the property is: (i) improved by a one, two or three family\nowner-occupied structure used exclusively for residential purposes other\nthan property subject to the assessment limitations of section five\nhundred eighty-one of this chapter and article nine-B of the real\nproperty law or (ii) the property is unimproved and is not of sufficient\nsize as determined by the assessing unit or special assessing unit to\ncontain a one, two or three family residential structure;\n (c) the equalized value of the property does not exceed four hundred\nfifty thousand dollars or, in the event such equalized value exceeds\nfour hundred fifty thousand dollars, the total assessment reduction\nrequested does not exceed twenty-five percent of the assessed value of\nthe property; and\n (d) the petition shall not request an assessment lower than that\nrequested in the complaint filed pursuant to section five hundred\ntwenty-four or fourteen hundred eight of this chapter or the provisions\nof a local law or charter providing for administrative review of\nassessments.\n For the purpose of this section, the equalized value of the property\nshall equal the assessed value of the property divided by the most\nrecent equalization rate or, in the case of a special assessing unit,\nthe most recent class one ratio, when established. In the event there\nhas been a material change in the level of assessment the special\nequalization rate shall be used to determine the equalized value of the\nproperty.\n An owner of real property who qualifies under paragraphs (a) through\n(d) of this subdivision shall also include:\n (i) a person or persons whose real property is held in trust solely\nfor the benefit of such person or persons if the property serves as the\nprimary residence of such person or persons and the trust which holds\ntitle to the property was lawfully created to hold title solely for\nestate planning and asset protection purposes; and\n (ii) a person or persons who reside in real property which is owned by\na limited partnership if the property serves as the primary residence of\nsuch person or persons and said limited partnership does not engage in\nany commercial activity, was lawfully created to hold title solely for\nestate planning and asset protection purposes and the partner or\npartners who primarily reside thereon personally pay all of the real\nproperty taxes and other costs associated with the property's ownership.\n 2. Upon determining any such complaint every real property tax board\nof assessment review shall inform every owner of one, two or three\nfamily owner-occupied residential real property in writing of the right\nto small claims assessment review in the manner provided by subdivision\nfour of section five hundred twenty-five of this chapter. Such notice\nshall specify the last date on which petitions must be filed and the\nlocation where small claims assessment review forms may be obtained. The\npetition form for small claims assessment review shall be provided to\nsuch property owner, upon request, at no cost in accordance with the\nrules promulgated pursuant to section seven hundred thirty-seven of this\ntitle.\n 3. The petition for review pursuant to this title shall be filed\nwithin thirty days after the completion and filing of the final\nassessment roll containing such assessment or,
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.