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a. Notwithstanding any other provision of this charter or the administrative code, the tax commission may itself or by a commissioner or assessor authorized by the commission act upon applications for correction of an assessment of real property assessed at seven hundred fifty thousand dollars or more between the first day of February and the first day of September. Any such application shall specify all income received or accrued and all expenses paid or incurred in the operation of the property during the calendar year preceding the date of application, or during the applicant's last fiscal year preceding the date of the application if the applicant's books and records are maintained on a fiscal year basis for federal income tax purposes which ends six months or more prior to the date of application, or during any part of such calendar or fiscal year in which the property was operated by the applicant, except that where the applicant has not operated the property and is without knowledge of the income and expenses of the operation, it shall state such facts under oath in lieu thereof. In the event that the statement of income and expenses is not filed as part of the application, such statement, when duly verified, shall be filed prior to the twenty-fifth day of March.
b. All other provisions of law shall apply to the review of applications for correction of tentative assessed valuation of property assessed for seven hundred fifty thousand dollars or more except insofar as the dates contained therein are inconsistent with the dates set forth in this section.
c. [Repealed.]
d. Whenever such a reduction is granted after a final completion of the assessment roll any tax imposed upon the amount of such reduction shall be refunded or credited as soon as practicable.
e. Any reduction shall be made public within sixty days after it is rendered. A list of reductions in real property assessments shall be published thereafter in the city record on or before the first of November.
a. When used in this section:
1. "Class designation" shall mean the determination, pursuant to article eighteen of the real property tax law, of whether real property is included in class one, two, three or four.
2. "Excessive assessment" or an assessment which is excessive shall mean and include:
(a) an entry on an assessment roll of the assessed valuation of real property which exceeds the full value of real property; or
(b) an entry on an assessment roll of the taxable assessed valuation of real property which is excessive because the real property failed to receive all or a portion of a partial exemption to which the real property or owner thereof is entitled pursuant to the law authorizing the partial exemption; or
(c) an entry on the assessment roll of an assessed valuation for real property which is excessive because of a failure to comply with the limitations on increases in assessed value set forth in section eighteen hundred five of the real property tax law.
3. "Misclassification" or real property which is misclassified shall mean and include:
(a) an entry on an assessment roll of an incorrect class designation; or
(b) an entry on the assessment roll of a class designation which results in an incorrect allocation of a parcel's assessed valuation between two or more classes.
4. "Unequal assessment" or an assessment which is unequal shall mean and include an entry on an assessment roll of the assessed valuation of real property improved by a one, two or three family residence which is made at either a higher proportion of full value than the assessed valuation of other residential property on the same roll or at a higher proportion of full value than the assessed valuation of all real property on the same roll.
5. "Unlawful assessment" or an assessment which is unlawful shall mean and include:
(a) an entry on the taxable portion of the assessment roll of the assessed valuation of real property which, except for the provisions of section four hundred ninety of the real property tax law, is wholly exempt from taxation; or
(b) an entry on an assessment roll of the assessed valuation of real property which is entirely outside the boundaries of the city of New York; or
(c) an entry on an assessment roll of the assessed valuation of real property which cannot be identified from the assessment roll description or tax map land parcel number on the assessment roll; or
(d) an entry of the assessed valuation of real property on an assessment roll which has been made by a person or body without the authority to make such entry.
b. Notwithstanding any other provision of this charter or administrative code, any party claiming to be aggrieved by the assessed valuation of a parcel designated class one pursuant to the provisions of article eighteen of the real property tax law may apply for correction of such assessment from the fifteenth day of January until the fifteenth day of March, including the filing of exemptions for senior citizens, and the office of the real property assessment bureau of the department of finance in each borough shall remain open for accepting such applications during normal business hours and for at least three additional hours each week.
c. the grounds for review of an assessment shall be that the assessment complained of is excessive, unequal, unlawful, or that the real property is mis- classified.
d. The application for correction of assessment shall be on a form prescribed by the tax commission and shall contain a statement specifying the respect in which the assessment is excessive, unequal, or unlawful, or the respect in which the real property is misclassified, and the reduction in assessed valuation or taxable assessed valuation or change in class designation or allocation of assessed valuation sought. Such application must be made by the aggrieved party or by some person authorized in writing by the aggrieved party or his agent to make such statement who has knowledge of the facts stated therein. Such written authorization must be made a part of the application and bear a date within one year of the date on which the application is filed. In lieu of a verification the application shall contain the following sentence: "I certify that all statements made on this application, including the attached sheet(s) consisting of pages, are true and correct to the best of my knowledge and belief and I understand that the making of any willful false statement of material fact herein will subject me to the provisions of the penal law relevant to the making and filing of false statements."
e. The tax commission shall thereafter determine the final assessed valuation or taxable assessed valuation, or the actual assessment or transition assessment, or the proper class designation of the real property of each applicant. When the applicant specifies that the assessment is unequal, in addition to other evidence presented, the tax commission shall consider the residential assessment ratio determined pursuant to section seven hundred thirty-eight of the real property tax law. The final assessed valuation or taxable assessed valuation of real property may be the same as or less than the original assessment or, if determined to be unlawful, the same shall be ordered stricken from the roll or where appropriate entered on the exempt portion of the roll. If it is determined that the real property is misclassified, the correct class designation or allocation of assessed valuation shall be ordered entered on the roll.
f. All other provisions of law shall apply to the review of applications for correction of tentative assessed valuation of class one property except when inconsistent with any provision of this section.
The final determination of the tax commission upon any application for the correction of an assessment shall be rendered not later than the twenty-fifth day of May. Otherwise, the assessment objected to shall be deemed to be the final determination of the tax commission.
On or before the last day provided by law for the rendering of the final determination of the tax commission pursuant to section one hundred sixty-five of this charter the tax commission shall mail to each applicant who has filed an application for the correction of the assessment of a one, two or three family residential structure, except such property held in a cooperative or condominium form of ownership, a notice of the tax commission's determination of his or her assessment. Such notice shall also contain the statement: "If you are dissatisfied with the determination of the New York city tax commission and you are the owner of a one, two or three family residential structure and reside at such residence, you may seek judicial review of your assessment either under title one of article seven of the real property tax law or under the small claims assessment review law provided by title one-A of article seven of the real property tax law." Such notice shall also state the last date to file petitions for judicial review and the location where small claims assessment review petitions may be obtained. Failure to mail any such notice or failure of the applicant to receive the same shall not affect the validity of the assessment.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2007/059.
A proceeding to review or correct on the merits any final determination of the tax commission may be had as provided by law, and if brought to review a determination mentioned in section one hundred sixty-five must be commenced before the twenty-fifth day of October following the time when the determination sought to be reviewed or corrected was made.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 1986/075, L.L. 1990/001 and L.L. 1992/008.
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