NEW YORK REAL ESTATE UNIT 23 TAXES AND ASSESSMENTS

TAX LIENS

State and local governments impose taxes on real estate to support their services. Liens (claim or charge against the property of another) for property taxes, which usually have priority over other previously recorded liens, may be enforced by the court-o

GENERAL TAXES

The general real estate tax is made up of taxes levied by the state, cities, towns, villages, and counties. Other taxing bodies are school districts, park districts, lighting districts, drainage districts, water districts, and sanitary districts. Municipa

AD VOLOREM

A tax levied according to value; generally used to refer to real estate tax. Also called the general tax.

SPECIAL ASSESSMENT (IMPROVEMENT TAXES)

Special assessments are levied only on the parcels of real estate that will benefit from improvements in a limited area. They may be levied, for example, to pay for sidewalks, curbs, or streetlights in a particular neighborhood.

ORDINANCE

may be adopted that sets out the nature of the improvement, its cost, and a description of the area to be assessed.

ASSESSMENT

The imposition of a tax, charge, or levy, usually according to established rates. Assessments are made by towns, villages, cities, and, in a few cases, counties.

ASSESSMENT ROLL

Public record listing assessed value for all real property in a village, town, city, or county.

FULL VALUE ASSESSMENT

Practice of assessing property at its full value, rather than by a percentage of full value. In 1975 the court of appeals ordered the state either to enforce the law or to change it. More than 400 communities then went to full-value assessment voluntarily

DIFFERENCES IN ASSESSMENTS

Upon inspection of the public records, it would not be uncommon to find that assessments differ from municipality to municipality as well as from one property to another. In most cases, lower assessments suggest older construction, lower land values, or a

UNDECLARED IMPROVEMENTS

Undeclared improvements (when discovered by the taxing authorities) are dealt with severely. Payment of back taxes is usually the penalty. Undeclared improvements are those made to a property without obtaining a building permit. The building permit proces

EQUALIZATION FACTOR

A multiplier that adjusts for different communities' tax assessment policies. No equalization factor applies where full-value assessment is used. The assessed value of each property is multiplied by the equalization factor, and the tax rate then is applie

REAL ESTATE TA RATE

begins with the adoption of a budget by each county, city, school board, or other taxing district. The budget covers financial requirements for the coming fiscal year, which may be the January through December calendar year or some other 12-month period.

HOMESTEAD

Land that is owned and occupied as the family home. The right to protect a portion of the value of this land from unsecured judgments for debts. . Homestead property in New York includes dwellings with no more than four units, mobile homes if owner-occupi

NON HOMESTEAD

Not used as the owner's primary residence: buildings with more than four dwelling units, industrial and commercial property, and most vacant land. Non homestead property includes industrial and commercial property and most vacant land.

TAX SHARES

are sometimes negotiated between different taxing authorities, as when two towns support one school district or villages share the expense for a county sheriff's department.

APPROPRIATION

The process of levying property taxes; also, the setting aside of part of a subdivision for public use. the action that authorizes the expenditure of funds and provides for the sources of the money. Appropriation involves the adoption of an ordinance or t

LEVY

The placing of tax liens against real property.

REAL PROPERTY TAX RATES

Real property tax rates represent the ratio of tax dollars charged in either per hundred or per thousand dollars of assessed valuation. Tax rates are also referred to as 'mill rates'.

MILL

One-tenth of one cent. A tax rate of 52 mills would be $0.052 tax for each dollar of assessed valuation of a property.

TAXABLE STATUS DATE

The date, often in March, on which a community's tax assessment rolls are fixed for the coming year.

AGED EXEMPTIONS

New York state's partial exemption of school tax for low-income elderly homeowners.

ELDERLY EXEMPTIONS

The state allows local governments (towns, counties, and school districts) to offer partial exemption from property taxes on a primary residence to certain homeowners aged 65 or older with modest incomes, at levels that change from year to year. Exemption

VETERANS EXEMPTIONS

Qualified veterans who served during a conflict may receive partial property tax exemption of 15 percent of the value of a primary residence (co-op apartments are not eligible). Those who served in combat are eligible for an additional 10 percent. The exe

STaR PROGRAM

In the late 1990s, the state instituted a School Tax Relief program (STaR), giving every homeowner who applied a permanent reduction in school taxes on a main residence.
Elderly homeowners with income of less than $79,050 in 2011 (adjusted periodically) m

TRUE TAX FIGURE

Actual taxes payable for a property before exemptions and reductions for which the property or its owner is qualified.

DISABLED CRIME VICTIM & GOOD SAMARITAN EXEMPTION

New York City provides a property tax abatement for
disabled crime victims, and
Good Samaritan exemption.
This program provides tax relief to disabled crime victims whose disability is derived directly from a crime or a Good Samaritan who suffered a disab

PROTESTING ASSESSMENT

Property owners who claim that errors were made in determining the assessed value of their property may present their objections and request adjustments from the appropriate municipality grievance board. There are three basic grievances:
(1) overassessmen

GRIEVANCE

A complaint, particularly that made by a taxpayer protesting property tax assessment figures. Those who investigate records in the assessor's office may be able to show that the description on file for their property lists more lot size, floor space, or a

TAX CERTIORARI

Appeal in state court of a ruling by the local assessment board of review.

TAX FORECLOSURE

The process of enforcing a lien against property for nonpayment of delinquent property taxes.

TAX SALE

A court-ordered sale of real property to raise money to cover delinquent taxes.

TAX LIEN

A charge against property created by operation of law. Tax liens and assessments take priority over all other liens.

IN REM

A proceeding against the realty directly as distinguished from a proceeding against a person.

ENFORCEMENT OF TAX LIENS

Tax sales are held after a published notice and often are conducted by the tax collector as an annual public sale. The purchaser of the lien must pay at least the amount of delinquent tax and penalty owing. The delinquent taxpayer may redeem the property