S T A T E O F N E W Y O R K
________________________________________________________________________
6392
2013-2014 Regular Sessions
I N A S S E M B L Y
March 26, 2013
___________
Introduced by M. of A. GALEF -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to granting a
real property tax exemption to nonprofit organizations that purchase
real property after the taxable status date
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 13 of section 420-a of the real property tax
law, as added by chapter 630 of the laws of 1997, is renumbered subdivi-
sion 15 and a new subdivision 16 is added to read as follows:
16. (A) (I) FOR THE PURPOSES OF THIS SUBDIVISION, "MUNICIPAL CORPO-
RATION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT
WHICH, AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOL-
UTION, PROVIDING THAT THIS SUBDIVISION SHALL BE APPLICABLE TO NONPROFIT
ORGANIZATIONS WITHIN ITS JURISDICTION. SUCH LOCAL LAW, ORDINANCE OR
RESOLUTION SHALL APPLY TO PROPERTY TRANSFERS OCCURRING ON OR AFTER THE
EFFECTIVE DATE OF SUCH LOCAL LAW, ORDINANCE OR RESOLUTION. A COPY OF
SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL BE FILED WITH THE COMMIS-
SIONER.
(II) WHERE A NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN
EXEMPTION PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE LEVY OF
TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF PERMITTED BY A LOCAL LAW,
ORDINANCE OR RESOLUTION OF THE MUNICIPAL CORPORATION IN WHICH THE
NONPROFIT ORGANIZATION IS LOCATED, FILE AN APPLICATION FOR EXEMPTION
WITH THE ASSESSOR NO LATER THAN THE TIME SPECIFIED IN SUCH LOCAL LAW,
ORDINANCE OR RESOLUTION. THE ASSESSOR SHALL MAKE A DETERMINATION OF
WHETHER THE PARCEL WOULD HAVE QUALIFIED FOR EXEMPT STATUS ON THE TAX
ROLL ON WHICH THE TAXES WERE LEVIED, HAD TITLE TO THE PARCEL BEEN IN THE
NAME OF THE APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO THE TAX
ROLL. THE APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
THE ASSESSOR, NO LATER THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04761-01-3
A. 6392 2
TION, SHALL NOTIFY BOTH THE APPLICANT AND THE BOARD OF ASSESSMENT
REVIEW, BY FIRST CLASS MAIL, OF THE EXEMPT AMOUNT, IF ANY, AND THE RIGHT
OF THE OWNER TO A REVIEW OF THE EXEMPT AMOUNT UPON THE FILING OF A WRIT-
TEN COMPLAINT. SUCH COMPLAINT SHALL BE ON A FORM PRESCRIBED BY THE
COMMISSIONER AND SHALL BE FILED WITH THE BOARD OF ASSESSMENT REVIEW
WITHIN TWENTY DAYS OF THE MAILING OF SUCH NOTICE. IF NO COMPLAINT IS
RECEIVED, THE BOARD OF ASSESSMENT REVIEW SHALL SO NOTIFY THE ASSESSOR
AND THE EXEMPT AMOUNT DETERMINED BY THE ASSESSOR SHALL BE FINAL. IF THE
APPLICANT FILES A COMPLAINT, THE BOARD OF ASSESSMENT REVIEW SHALL SCHED-
ULE A TIME AND PLACE FOR A HEARING WITH RESPECT THERETO NO LATER THAN
THIRTY DAYS AFTER THE MAILING OF THE NOTICE BY THE ASSESSOR. THE BOARD
OF ASSESSMENT REVIEW SHALL MEET AND DETERMINE THE EXEMPT AMOUNT, AND
SHALL IMMEDIATELY NOTIFY THE ASSESSOR AND THE APPLICANT, BY FIRST CLASS
MAIL, OF ITS DETERMINATION. THE AMOUNT OF EXEMPTION DETERMINED PURSUANT
TO THIS PARAGRAPH SHALL BE SUBJECT TO REVIEW AS PROVIDED IN ARTICLE
SEVEN OF THIS CHAPTER. SUCH A PROCEEDING SHALL BE COMMENCED WITHIN THIR-
TY DAYS OF THE MAILING OF THE NOTICE OF THE BOARD OF ASSESSMENT REVIEW
TO THE NEW OWNER AS PROVIDED IN THIS PARAGRAPH.
(III) UPON RECEIPT OF A DETERMINATION OF THE EXEMPT AMOUNT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE ASSESSOR SHALL DETERMINE THE
PRO RATA EXEMPTION TO BE CREDITED TOWARD SUCH PROPERTY BY MULTIPLYING
THE TAX RATE OR TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED
TAXES, OR FOR WHICH TAXES WERE LEVIED, ON THE APPROPRIATE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED TIMES
THE EXEMPT AMOUNT, AS DETERMINED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,
TIMES THE FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT TO
THE TRANSFER OF TITLE. THE ASSESSOR SHALL IMMEDIATELY TRANSMIT A STATE-
MENT OF THE PRO RATA EXEMPTION CREDIT DUE TO EACH MUNICIPAL CORPORATION
WHICH LEVIED TAXES OR FOR WHICH TAXES WERE LEVIED ON THE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED AND TO
THE APPLICANT.
(IV) EACH MUNICIPAL CORPORATION WHICH RECEIVES NOTICE OF PRO RATA
EXEMPTION CREDITS PURSUANT TO THIS SUBDIVISION SHALL INCLUDE AN APPRO-
PRIATION IN ITS BUDGET FOR THE NEXT FISCAL YEAR EQUAL TO THE AGGREGATE
AMOUNT OF SUCH CREDITS TO BE APPLIED IN THAT FISCAL YEAR. WHERE A
PARCEL, THE OWNER OF WHICH IS ENTITLED TO A PRO RATA EXEMPTION CREDIT,
IS SUBJECT TO TAXATION IN SAID NEXT FISCAL YEAR, THE RECEIVER OR COLLEC-
TOR SHALL APPLY THE CREDIT TO REDUCE THE AMOUNT OF TAXES OWED FOR THE
PARCEL IN SUCH FISCAL YEAR. PRO RATA EXEMPTION CREDITS IN EXCESS OF THE
AMOUNT OF TAXES, IF ANY, OWED FOR THE PARCEL SHALL BE PAID BY THE TREAS-
URER OF A MUNICIPAL CORPORATION WHICH LEVIES SUCH TAXES FOR OR ON BEHALF
OF THE MUNICIPAL CORPORATION TO ALL OWNERS OF PROPERTY ENTITLED TO SUCH
CREDITS WITHIN THIRTY DAYS OF THE EXPIRATION OF THE WARRANT TO COLLECT
TAXES IN SAID NEXT FISCAL YEAR. NOTWITHSTANDING THE FOREGOING, WHERE
THE MUNICIPAL CORPORATION HAS BEEN REIMBURSED BY ANOTHER MUNICIPAL
CORPORATION FOR THE TAX CREDIT TO BE PAID TO THE OWNER PURSUANT TO THIS
SUBDIVISION, SUCH CREDIT SHALL BE PAID TO SUCH MUNICIPAL CORPORATION
INSTEAD OF SUCH OWNER.
(B) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE A
NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN EXEMPTION
PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE TAXABLE STATUS
DATE BUT PRIOR TO THE LEVY OF TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF
PERMITTED BY A LOCAL LAW, ORDINANCE OR RESOLUTION OF THE MUNICIPAL
CORPORATION IN WHICH THE NONPROFIT ORGANIZATION IS LOCATED, FILE AN
APPLICATION FOR AN EXEMPTION WITH THE ASSESSOR WITHIN THIRTY DAYS OF THE
TRANSFER OF TITLE TO SUCH NONPROFIT ORGANIZATION. THE ASSESSOR SHALL
A. 6392 3
MAKE A DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICA-
TION OF WHETHER THE APPLICANT WOULD QUALIFY FOR AN EXEMPTION PURSUANT TO
THIS SECTION ON THE ASSESSMENT ROLL IF TITLE HAD BEEN IN THE NAME OF THE
APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO SUCH ASSESSMENT ROLL.
THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER.
(II) IF THE ASSESSOR'S DETERMINATION IS MADE PRIOR TO THE FILING OF
THE TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL ENTER THE EXEMPT
AMOUNT, IF ANY, ON THE TENTATIVE ASSESSMENT ROLL AND, WITHIN TEN DAYS
AFTER FILING SUCH ROLL, NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL
OF SUCH EXEMPTION, THE EXEMPT AMOUNT, IF ANY, AND THE APPLICANT'S RIGHT
TO REVIEW BY THE BOARD OF ASSESSMENT REVIEW.
(III) IF THE ASSESSOR'S DETERMINATION IS MADE AFTER THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE TENTATIVE OR FINAL ASSESSMENT ROLL IN
THE MANNER PROVIDED IN TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER, WITH
RESPECT TO UNLAWFUL ENTRIES, IN THE CASE OF WHOLLY EXEMPT PARCELS, AND
WITH RESPECT OF CLERICAL ERRORS, IN THE CASE OF PARTIALLY EXEMPT
PARCELS, IF THE ASSESSOR DETERMINES THAT AN EXEMPTION SHOULD BE GRANTED
AND, WITHIN TEN DAYS OF PETITIONING THE BOARD OF ASSESSMENT REVIEW,
NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL OF SUCH EXEMPTION, THE
AMOUNT OF SUCH EXEMPTION, IF ANY, AND THE APPLICANT'S RIGHT TO ADMINIS-
TRATIVE OR JUDICIAL REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE
FIVE OR SEVEN OF THIS CHAPTER, RESPECTIVELY.
(C) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE FINAL ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE FINAL ASSESSMENT ROLL.
(D) IF, FOR ANY REASON, THE PRO RATA TAX CREDIT AS PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IS NOT EXTENDED AGAINST THE TAX ROLL IMME-
DIATELY SUCCEEDING THE FISCAL YEAR DURING WHICH THE TRANSFER OCCURRED,
THE ASSESSOR SHALL IMMEDIATELY NOTIFY THE MUNICIPAL CORPORATION WHICH
LEVIED THE TAX OR FOR WHICH THE TAXES WERE LEVIED OF THE AMOUNT OF PRO
RATA EXEMPTION CREDITS FOR THE YEAR IN WHICH SUCH TRANSFER OCCURRED.
SUCH MUNICIPAL CORPORATION SHALL PROCEED AS PROVIDED IN SUBPARAGRAPH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(E) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE TAX ROLL FOR THE YEAR IMMEDIATELY SUCCEEDING THE FISCAL YEAR DURING
WHICH THE TRANSFER OCCURRED, THE ASSESSOR SHALL DETERMINE THE PRO RATA
TAX EXEMPTION CREDIT FOR SUCH TAX ROLL BY MULTIPLYING THE TAX RATE OR
TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES OR FOR WHICH
TAXES WERE LEVIED TIMES THE EXEMPT AMOUNT AND SHALL IMMEDIATELY NOTIFY
SUCH MUNICIPAL CORPORATION OR CORPORATIONS OF THE PRO RATA EXEMPTION
CREDITS FOR SUCH TAX ROLL. SUCH MUNICIPAL CORPORATION SHALL ADD SUCH PRO
RATA EXEMPTION CREDITS FOR SUCH PROPERTY TO ANY OUTSTANDING PRO RATA
EXEMPTION AMOUNTS AND PROCEED AS PROVIDED IN SUBPARAGRAPH (IV) OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
S 2. Section 420-b of the real property tax law is amended by adding
a new subdivision 8 to read as follows:
8. (A) (I) FOR THE PURPOSES OF THIS SUBDIVISION, "MUNICIPAL CORPO-
RATION" SHALL MEAN A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL DISTRICT
WHICH, AFTER PUBLIC HEARING, ADOPTS A LOCAL LAW, ORDINANCE OR RESOL-
UTION, PROVIDING THAT THIS SUBDIVISION SHALL BE APPLICABLE TO NONPROFIT
ORGANIZATIONS WITHIN ITS JURISDICTION. SUCH LOCAL LAW, ORDINANCE OR
RESOLUTION SHALL APPLY TO PROPERTY TRANSFERS OCCURRING ON OR AFTER THE
EFFECTIVE DATE OF SUCH LOCAL LAW, ORDINANCE OR RESOLUTION. A COPY OF
A. 6392 4
SUCH LOCAL LAW, ORDINANCE OR RESOLUTION SHALL BE FILED WITH THE COMMIS-
SIONER.
(II) WHERE A NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN
EXEMPTION PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE LEVY OF
TAXES, SUCH NONPROFIT ORGANIZATION MAY FILE, IF PERMITTED BY A LOCAL
LAW, ORDINANCE OR RESOLUTION OF THE MUNICIPAL CORPORATION IN WHICH THE
NONPROFIT ORGANIZATION IS LOCATED, AN APPLICATION FOR EXEMPTION WITH THE
ASSESSOR NO LATER THAN THE TIME SPECIFIED IN SUCH LOCAL LAW, ORDINANCE
OR RESOLUTION. THE ASSESSOR SHALL MAKE A DETERMINATION OF WHETHER THE
PARCEL WOULD HAVE QUALIFIED FOR EXEMPT STATUS ON THE TAX ROLL ON WHICH
THE TAXES WERE LEVIED, HAD TITLE TO THE PARCEL BEEN IN THE NAME OF THE
APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO THE TAX ROLL. THE
APPLICATION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. THE
ASSESSOR, NO LATER THAN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICATION,
SHALL NOTIFY BOTH THE APPLICANT AND THE BOARD OF ASSESSMENT REVIEW, BY
FIRST CLASS MAIL, OF THE EXEMPT AMOUNT, IF ANY, AND THE RIGHT OF THE
OWNER TO A REVIEW OF THE EXEMPT AMOUNT UPON THE FILING OF A WRITTEN
COMPLAINT. SUCH COMPLAINT SHALL BE ON A FORM PRESCRIBED BY THE COMMIS-
SIONER AND SHALL BE FILED WITH THE BOARD OF ASSESSMENT REVIEW WITHIN
TWENTY DAYS OF THE MAILING OF SUCH NOTICE. IF NO COMPLAINT IS RECEIVED,
THE BOARD OF ASSESSMENT REVIEW SHALL SO NOTIFY THE ASSESSOR AND THE
EXEMPT AMOUNT DETERMINED BY THE ASSESSOR SHALL BE FINAL. IF THE APPLI-
CANT FILES A COMPLAINT, THE BOARD OF ASSESSMENT REVIEW SHALL SCHEDULE A
TIME AND PLACE FOR A HEARING WITH RESPECT THERETO NO LATER THAN THIRTY
DAYS AFTER THE MAILING OF THE NOTICE BY THE ASSESSOR. THE BOARD OF
ASSESSMENT REVIEW SHALL MEET AND DETERMINE THE EXEMPT AMOUNT, AND SHALL
IMMEDIATELY NOTIFY THE ASSESSOR AND THE APPLICANT, BY FIRST CLASS MAIL,
OF ITS DETERMINATION. THE AMOUNT OF EXEMPTION DETERMINED PURSUANT TO
THIS PARAGRAPH SHALL BE SUBJECT TO REVIEW AS PROVIDED IN ARTICLE SEVEN
OF THIS CHAPTER. SUCH A PROCEEDING SHALL BE COMMENCED WITHIN THIRTY DAYS
OF THE MAILING OF THE NOTICE OF THE BOARD OF ASSESSMENT REVIEW TO THE
NEW OWNER AS PROVIDED IN THIS PARAGRAPH.
(III) UPON RECEIPT OF A DETERMINATION OF THE EXEMPT AMOUNT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE ASSESSOR SHALL DETERMINE THE
PRO RATA EXEMPTION TO BE CREDITED TOWARD SUCH PROPERTY BY MULTIPLYING
THE TAX RATE OR TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED
TAXES, OR FOR WHICH TAXES WERE LEVIED, ON THE APPROPRIATE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED TIMES
THE EXEMPT AMOUNT, AS DETERMINED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,
TIMES THE FRACTION OF EACH FISCAL YEAR OR YEARS REMAINING SUBSEQUENT TO
THE TRANSFER OF TITLE. THE ASSESSOR SHALL IMMEDIATELY TRANSMIT A STATE-
MENT OF THE PRO RATA EXEMPTION CREDIT DUE TO EACH MUNICIPAL CORPORATION
WHICH LEVIED TAXES OR FOR WHICH TAXES WERE LEVIED ON THE TAX ROLL USED
FOR THE FISCAL YEAR OR YEARS DURING WHICH THE TRANSFER OCCURRED AND TO
THE APPLICANT.
(IV) EACH MUNICIPAL CORPORATION WHICH RECEIVES NOTICE OF PRO RATA
EXEMPTION CREDITS PURSUANT TO THIS SUBDIVISION SHALL INCLUDE AN APPRO-
PRIATION IN ITS BUDGET FOR THE NEXT FISCAL YEAR EQUAL TO THE AGGREGATE
AMOUNT OF SUCH CREDITS TO BE APPLIED IN THAT FISCAL YEAR. WHERE A
PARCEL, THE OWNER OF WHICH IS ENTITLED TO A PRO RATA EXEMPTION CREDIT,
IS SUBJECT TO TAXATION IN SAID NEXT FISCAL YEAR, THE RECEIVER OR COLLEC-
TOR SHALL APPLY THE CREDIT TO REDUCE THE AMOUNT OF TAXES OWED FOR THE
PARCEL IN SUCH FISCAL YEAR. PRO RATA EXEMPTION CREDITS IN EXCESS OF THE
AMOUNT OF TAXES, IF ANY, OWED FOR THE PARCEL SHALL BE PAID BY THE TREAS-
URER OF A MUNICIPAL CORPORATION WHICH LEVIES SUCH TAXES FOR OR ON BEHALF
OF THE MUNICIPAL CORPORATION TO ALL OWNERS OF PROPERTY ENTITLED TO SUCH
A. 6392 5
CREDITS WITHIN THIRTY DAYS OF THE EXPIRATION OF THE WARRANT TO COLLECT
TAXES IN SAID NEXT FISCAL YEAR. NOTWITHSTANDING THE FOREGOING, WHERE
THE MUNICIPAL CORPORATION HAS BEEN REIMBURSED BY ANOTHER MUNICIPAL
CORPORATION FOR THE TAX CREDIT TO BE PAID TO THE OWNER PURSUANT TO THIS
SUBDIVISION, SUCH CREDIT SHALL BE PAID TO SUCH MUNICIPAL CORPORATION
INSTEAD OF SUCH OWNER.
(B) (I) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHERE A
NONPROFIT ORGANIZATION THAT MEETS THE REQUIREMENTS FOR AN EXEMPTION
PURSUANT TO THIS SECTION, PURCHASES PROPERTY AFTER THE TAXABLE STATUS
DATE BUT PRIOR TO THE LEVY OF TAXES, SUCH NONPROFIT ORGANIZATION MAY, IF
PERMITTED BY A LOCAL LAW, ORDINANCE OR RESOLUTION OF THE MUNICIPAL
CORPORATION IN WHICH THE NONPROFIT ORGANIZATION IS LOCATED, FILE AN
APPLICATION FOR AN EXEMPTION WITH THE ASSESSOR WITHIN THIRTY DAYS OF THE
TRANSFER OF TITLE TO SUCH NONPROFIT ORGANIZATION. THE ASSESSOR SHALL
MAKE A DETERMINATION WITHIN THIRTY DAYS AFTER RECEIPT OF SUCH APPLICA-
TION OF WHETHER THE APPLICANT WOULD QUALIFY FOR AN EXEMPTION PURSUANT TO
THIS SECTION ON THE ASSESSMENT ROLL IF TITLE HAD BEEN IN THE NAME OF THE
APPLICANT ON THE TAXABLE STATUS DATE APPLICABLE TO SUCH ASSESSMENT ROLL.
THE APPLICATION SHALL BE MADE ON A FORM PRESCRIBED BY THE COMMISSIONER.
(II) IF THE ASSESSOR'S DETERMINATION IS MADE PRIOR TO THE FILING OF
THE TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL ENTER THE EXEMPT
AMOUNT, IF ANY, ON THE TENTATIVE ASSESSMENT ROLL AND, WITHIN TEN DAYS
AFTER FILING SUCH ROLL, NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL
OF SUCH EXEMPTION, THE EXEMPT AMOUNT, IF ANY, AND THE APPLICANT'S RIGHT
TO REVIEW BY THE BOARD OF ASSESSMENT REVIEW.
(III) IF THE ASSESSOR'S DETERMINATION IS MADE AFTER THE FILING OF THE
TENTATIVE ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE TENTATIVE OR FINAL ASSESSMENT ROLL IN
THE MANNER PROVIDED IN TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER, WITH
RESPECT TO UNLAWFUL ENTRIES, IN THE CASE OF WHOLLY EXEMPT PARCELS, AND
WITH RESPECT OF CLERICAL ERRORS, IN THE CASE OF PARTIALLY EXEMPT
PARCELS, IF THE ASSESSOR DETERMINES THAT AN EXEMPTION SHOULD BE GRANTED
AND, WITHIN TEN DAYS OF PETITIONING THE BOARD OF ASSESSMENT REVIEW,
NOTIFY THE APPLICANT OF THE APPROVAL OR DENIAL OF SUCH EXEMPTION, THE
AMOUNT OF SUCH EXEMPTION, IF ANY, AND THE APPLICANT'S RIGHT TO ADMINIS-
TRATIVE OR JUDICIAL REVIEW OF SUCH DETERMINATION PURSUANT TO ARTICLE
FIVE OR SEVEN OF THIS CHAPTER, RESPECTIVELY.
(C) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE FINAL ASSESSMENT ROLL, THE ASSESSOR SHALL PETITION THE BOARD OF
ASSESSMENT REVIEW TO CORRECT THE FINAL ASSESSMENT ROLL.
(D) IF, FOR ANY REASON, THE PRO RATA TAX CREDIT AS PROVIDED IN PARA-
GRAPH (A) OF THIS SUBDIVISION IS NOT EXTENDED AGAINST THE TAX ROLL IMME-
DIATELY SUCCEEDING THE FISCAL YEAR DURING WHICH THE TRANSFER OCCURRED,
THE ASSESSOR SHALL IMMEDIATELY NOTIFY THE MUNICIPAL CORPORATION WHICH
LEVIED THE TAX OR FOR WHICH THE TAXES WERE LEVIED OF THE AMOUNT OF PRO
RATA EXEMPTION CREDITS FOR THE YEAR IN WHICH SUCH TRANSFER OCCURRED.
SUCH MUNICIPAL CORPORATION SHALL PROCEED AS PROVIDED IN SUBPARAGRAPH
(IV) OF PARAGRAPH (A) OF THIS SUBDIVISION.
(E) IF, FOR ANY REASON, A DETERMINATION TO EXEMPT PROPERTY FROM TAXA-
TION AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION IS NOT ENTERED ON
THE TAX ROLL FOR THE YEAR IMMEDIATELY SUCCEEDING THE FISCAL YEAR DURING
WHICH THE TRANSFER OCCURRED, THE ASSESSOR SHALL DETERMINE THE PRO RATA
TAX EXEMPTION CREDIT FOR SUCH TAX ROLL BY MULTIPLYING THE TAX RATE OR
TAX RATES FOR EACH MUNICIPAL CORPORATION WHICH LEVIED TAXES OR FOR WHICH
TAXES WERE LEVIED TIMES THE EXEMPT AMOUNT AND SHALL IMMEDIATELY NOTIFY
A. 6392 6
SUCH MUNICIPAL CORPORATION OR CORPORATIONS OF THE PRO RATA EXEMPTION
CREDITS FOR SUCH TAX ROLL. SUCH MUNICIPAL CORPORATION SHALL ADD SUCH PRO
RATA EXEMPTION CREDITS FOR SUCH PROPERTY TO ANY OUTSTANDING PRO RATA
EXEMPTION AMOUNTS AND PROCEED AS PROVIDED IN SUBPARAGRAPH (IV) OF PARA-
GRAPH (A) OF THIS SUBDIVISION.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.