Legislation
SECTION 1202
Establishment of state equalization rates and class ratios and class equalization rates
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 12, TITLE 1
§ 1202. Establishment of state equalization rates and class ratios and
class equalization rates. 1. (a) Upon final completion of the assessment
roll of each city, town and village, the commissioner shall inquire into
and ascertain as near as may be the percentage of full value at which
taxable real property in such city, town or village is assessed, which
percentage as finally determined as provided in this article shall be
the state equalization rate for such roll. In the case of a city in a
county having a county department of assessment with the power to assess
real property, the commissioner also shall establish a state
equalization rate for that portion of the county roll containing the
assessments of taxable real property in such city.
(b) In the case of special assessing units as defined in section
eighteen hundred one of this chapter, the commissioner shall also
ascertain for the purposes of article seven of this chapter the ratio of
the assessed valuation to the full valuation of taxable real property
for each class of property established under article eighteen of this
chapter, which percentages as finally determined as provided in this
article shall be the class ratios for each such class.
(c) In the case of special assessing units as defined in section
eighteen hundred one of this chapter and approved assessing units and
eligible non-assessing unit villages which have adopted the provisions
of section nineteen hundred three of this chapter as defined in section
nineteen hundred one of this chapter, the commissioner shall further
ascertain, for the purposes of section eighteen hundred three-a and
subdivision three of section nineteen hundred three of this chapter, the
percentage of full value at which taxable real property in each class
and each class in each portion has been assessed, which percentage as
finally determined as provided in this article shall be the class
equalization rate for such class or such class in such portion.
2. In establishing state equalization rates, class ratios and class
equalization rates the commissioner may, in its discretion, take
testimony and hear proof under oath or otherwise, and may avail itself
of all information appearing in its office or acquired in the discharge
of its duties and may employ experts or other persons to procure any
information required for such purpose.
3. All state equalization rates, special equalization rates, class
ratios and class equalization rates established by the commissioner
pursuant to law may be expressed to such number of decimal places as the
commissioner may determine, provided that the number of decimal places
shall be uniform for all state equalization rates, special equalization
rates, class ratios and class equalization rates established for
assessment rolls completed in the same calendar year.
4. For purposes of this article, the assessment roll of a village that
has enacted a local law pursuant to the provisions of subdivision three
of section fourteen hundred two of this chapter shall be the copy of the
part of the town or county assessment roll used for village tax purposes
subsequent to the enactment of such local law and the state equalization
rate established by the commissioner for the town or county assessment
roll shall be deemed to be the state equalization rate established for
the village.
5. State equalization rates established by the commissioner may be
based upon such market value survey or surveys as the commissioner may
designate for that purpose, subject to the following:
(a) the market value survey or surveys so designated shall be uniform
for state equalization rates established for all city and town
assessment rolls completed in the same calendar year;
(b) for special assessing units and approved assessing units and
eligible non-assessing unit villages which have adopted the provisions
of section nineteen hundred three of this chapter, the market value
survey or surveys so designated for class equalization rates for any
assessment roll shall be the same as those designated for state
equalization rates for that assessment roll;
(c) the state equalization rate for the assessment roll of a village
whose boundaries are coterminous with the boundaries of a union free
school district shall be based upon the same market value survey or
surveys as the survey or surveys used for state equalization rates for
city and town assessment rolls finally completed and filed in the same
calendar year as the assessment roll of such village;
(d) the state equalization rate for a village other than those
villages described in subdivision four of this section and paragraph (b)
of this subdivision shall be based upon the same market value survey or
surveys used for the establishment of the state equalization rate of the
appropriate town or county assessment roll.
class equalization rates. 1. (a) Upon final completion of the assessment
roll of each city, town and village, the commissioner shall inquire into
and ascertain as near as may be the percentage of full value at which
taxable real property in such city, town or village is assessed, which
percentage as finally determined as provided in this article shall be
the state equalization rate for such roll. In the case of a city in a
county having a county department of assessment with the power to assess
real property, the commissioner also shall establish a state
equalization rate for that portion of the county roll containing the
assessments of taxable real property in such city.
(b) In the case of special assessing units as defined in section
eighteen hundred one of this chapter, the commissioner shall also
ascertain for the purposes of article seven of this chapter the ratio of
the assessed valuation to the full valuation of taxable real property
for each class of property established under article eighteen of this
chapter, which percentages as finally determined as provided in this
article shall be the class ratios for each such class.
(c) In the case of special assessing units as defined in section
eighteen hundred one of this chapter and approved assessing units and
eligible non-assessing unit villages which have adopted the provisions
of section nineteen hundred three of this chapter as defined in section
nineteen hundred one of this chapter, the commissioner shall further
ascertain, for the purposes of section eighteen hundred three-a and
subdivision three of section nineteen hundred three of this chapter, the
percentage of full value at which taxable real property in each class
and each class in each portion has been assessed, which percentage as
finally determined as provided in this article shall be the class
equalization rate for such class or such class in such portion.
2. In establishing state equalization rates, class ratios and class
equalization rates the commissioner may, in its discretion, take
testimony and hear proof under oath or otherwise, and may avail itself
of all information appearing in its office or acquired in the discharge
of its duties and may employ experts or other persons to procure any
information required for such purpose.
3. All state equalization rates, special equalization rates, class
ratios and class equalization rates established by the commissioner
pursuant to law may be expressed to such number of decimal places as the
commissioner may determine, provided that the number of decimal places
shall be uniform for all state equalization rates, special equalization
rates, class ratios and class equalization rates established for
assessment rolls completed in the same calendar year.
4. For purposes of this article, the assessment roll of a village that
has enacted a local law pursuant to the provisions of subdivision three
of section fourteen hundred two of this chapter shall be the copy of the
part of the town or county assessment roll used for village tax purposes
subsequent to the enactment of such local law and the state equalization
rate established by the commissioner for the town or county assessment
roll shall be deemed to be the state equalization rate established for
the village.
5. State equalization rates established by the commissioner may be
based upon such market value survey or surveys as the commissioner may
designate for that purpose, subject to the following:
(a) the market value survey or surveys so designated shall be uniform
for state equalization rates established for all city and town
assessment rolls completed in the same calendar year;
(b) for special assessing units and approved assessing units and
eligible non-assessing unit villages which have adopted the provisions
of section nineteen hundred three of this chapter, the market value
survey or surveys so designated for class equalization rates for any
assessment roll shall be the same as those designated for state
equalization rates for that assessment roll;
(c) the state equalization rate for the assessment roll of a village
whose boundaries are coterminous with the boundaries of a union free
school district shall be based upon the same market value survey or
surveys as the survey or surveys used for state equalization rates for
city and town assessment rolls finally completed and filed in the same
calendar year as the assessment roll of such village;
(d) the state equalization rate for a village other than those
villages described in subdivision four of this section and paragraph (b)
of this subdivision shall be based upon the same market value survey or
surveys used for the establishment of the state equalization rate of the
appropriate town or county assessment roll.