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This entry was published on 2014-09-22
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SECTION 704
Commencement of proceeding
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 7, TITLE 1
§ 704. Commencement of proceeding. 1. Any person claiming to be
aggrieved by any assessment of real property upon any assessment roll
may commence a proceeding under this article by filing a petition
described in section seven hundred six of this chapter in the manner set
forth in section three hundred four of the civil practice law and rules
together with a notice in writing of an application for review under
this article returnable not less than twenty nor more than ninety days
after service of such petition and notice, except that in a city having
a population of one million or more, such a proceeding shall be
commenced by filing of a petition alone. The petition hereunder, and
notice of application for review, where required, may be served upon the
officers designated in section seven hundred eight of this chapter or as
the law may otherwise provide.

2. The proceeding shall be maintained against the assessors either by
naming them individually or by using the official name of the assessing
unit.

3. Commencement of a proceeding under this article shall not stay the
proceedings of the assessors or other persons against whom the
proceeding is maintained or to whom the assessment is delivered, to be
acted upon according to law.

* 4. A renter who has an interest in real property as set forth in
section three hundred four of this chapter shall be deemed to be an
aggrieved person pursuant to subdivision one of this section. A
proceeding commenced by such renter shall relate to the entire
assessment of said real property and not be limited to the assessment of
the unit occupied by such renter.

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

5. In the case of real property assessed in accordance with
subdivision one of section three hundred thirty-nine-y of the real
property law, the board of managers acting as an agent of one or more
unit owners pursuant to subdivision four of such section shall be deemed
to be an aggrieved person as provided for in subdivision one of this
section.