* § 304. Subject of assessment. All assessments shall be against the
real property itself which shall be liable to sale pursuant to law for
any unpaid taxes or special ad valorem levies.

* NB (Effective until ruling by Commissioner of Internal Revenue)

* § 304. Subject of assessment. 1. All assessments shall be against
the real property itself which shall be liable to sale pursuant to law
for any unpaid taxes or special ad valorem levies.

2. Where real property in whole or part is rented for residential
purposes pursuant to a lease, or to the same occupant or occupants for
twelve consecutive months duration or longer, or if the dwelling unit is
subject to the regulation and control of residential rents and the
occupants' rights and obligations of tenancy are created and protected
by such regulation and control, a renter has an interest in the real
property and is subject to articles nine and ten of this chapter, or
laws of any municipality covering the levy and collection of taxes and
the enforcement of collection of delinquent taxes, whichever is
governing. Nothing in this subdivision shall relieve the owner of real
property from the obligation for paying all taxes due on the real
property under his ownership or vitiate the sale of said real property
for unpaid taxes or special ad valorem levies. The owner of real
property, or his designated agent, is obligated to apply the first money
received each month from the renter to taxes due on the real property
under his ownership.

3. As used in this section the term "rent" means the amount paid for
the right of occupancy of a dwelling unit excluding charges for heat,
gas, electricity, furnishings and board. Where such charges are included
in the amount paid but are not treated consistently among dwelling units
located within the real property and where such charges and the amount
thereof are not separately set forth in the lease, the amount paid shall
be reduced in the following manner:

(A) Fifteen percent of the rental paid shall be deducted for heat, or
heat and gas;

(B) Twenty percent of the rental paid shall be deducted for heat, gas
and electricity;

(C) Twenty-five percent of the rental paid shall be deducted for heat,
gas, electricity and furnishings;

(D) Fifty percent of the rental paid shall be deducted for heat, gas,
electricity, furnishings and board.

4. The attorney general shall prepare and submit to the commissioner
of internal revenue of the United States a request for a ruling that
payments of real property taxes made by a renter in such municipality
with an interest in real property pursuant to subdivision two of this
section, with respect to such interest, will be deductible by such
renter pursuant to paragraph a of subdivision one of section one hundred
sixty four of the internal revenue code of nineteen hundred fifty-four,
as amended.

5. Immediately after the effective date of this section and on or
before the tax status date of the ensuing fiscal year and annually
thereafter, the owner of the real property shall file with the
appropriate assessment department of the municipality in which the real
property is located the rent roll covering all units of said property,
including names of those renters whose interest is described in
subdivision two of this section and those renters who have elected an
interest as described in subdivision four of this section. This schedule
of rents shall include all units whether rented or not, and whether
residential or not. The assessors shall assign an assessed valuation to
each rental unit of said real property by establishing the relationship
of the yearly rent for the unit to the total yearly rent roll and
applying this ratio to the assessment established for the real property
as a whole, less the assessment on that portion of the real property
which the assessor may determine is not held for rental purposes. Taxes
on such real property not held for rental purposes shall be assessed
solely against the owner of the real property and shall not be
considered in determining the assessed valuation of each rental unit.
Where the residential real property is completed after the first tax
status day after the effective date of this section, the owner of such
real property shall file the required information with the assessors
after completion. In the event the assessors reassess said real
property, the relationships established for the prior assessments shall
be applied to the new assessments. The assessments so established may be
entered on the assessment roll itself or attached as an appendage to
such assessment roll but in any event the assessments for said real
property shall be deemed a composite of the total of the assessments of
each individual unit's assessment, and those renters whose interest is
described in subdivision two of this section and those renters who have
elected an interest as described in subdivision four of this section
shall be personally liable for the taxes levied on the assessments
declared for their respective units. It shall be the responsibility of
the owner of the real property to notify the assessors of all changes in
occupancy including notification when a vacant unit is occupied or an
occupied unit becomes vacant. The assessors on or before tax status day
will issue in writing to the owner a listing of the assessments assessed
for each unit. This listing shall state the amount of taxes each renter
whose interest is described in subdivision two of this section and each
renter who has elected an interest as described in subdivision four of
this section must pay each calendar month of the assessing unit's fiscal
year. The landlord shall make this listing available to each tenant upon
occupancy and thereafter upon receipt of such listing from the
assessors.

* NB (Effective pending ruling by Commissioner of Internal Revenue)