N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8186-9.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 8186-9.8 - Special procedures for a new portion or portion class

Notwithstanding any provision in this Subpart to the contrary, where there was no taxable real property in a portion class on the 1989 assessment roll, and taxable real property appears in the portion class on a subsequent assessment roll, the adjusted base proportions shall be determined as provided herein. When a new portion is created, each class within the portion will be considered a new portion class.

(a) For the first assessment roll on which the portion class appears, the following applies.

(1) The current base proportion for the new portion class is zero.

(2) The adjusted base proportion for the portion class is the current base proportion adjusted for physical change as follows:

(i) Determine the market value of the new portion class in the following manner:

(a) Multiply the special assessing unit class equalization rate for the appropriate class on the assessment roll immediately preceding the roll on which the new class first appears by the special assessing unit class change in level of assessment factor determined between the assessment roll immediately preceding the roll on which the portion class first appears and the assessment roll on which the portion class first appears.

(b) Divide the taxable assessed value of the new portion class on the assessment roll on which the new portion class first appears by the rate determined in clause (a) of this subparagraph.

(ii) Determine the market value of the existing classes in the portion in the following manner:

(a) Multiply the class equalization rate for each portion class on the assessment roll immediately preceding the assessment roll on which the new portion class first appears by the appropriate class change in level of assessment factor as determined in section 8186-9.5(b) of this Subpart.

(b) Divide the taxable assessed value of each class on the assessment roll on which the new portion class first appears by the appropriate rate determined in clause (a) of this subparagraph.

(iii) Sum the market values obtained in subparagraphs (i) and (ii) of this paragraph.

(iv) Divide the class market value obtained in subparagraph (i) of this paragraph by the sum of the market values obtained in subparagraph (iii) of this paragraph. The quotient obtained, expressed as a percentage to at least four decimal places to the right of the decimal point, is the adjusted base proportion for the new portion class.

(3) The adjusted base proportions for the classes other than the new portion class are determined in accordance with the procedures described in section 8186-9.5 of this Subpart except for the following adjustment:

(i) Subtract the adjusted base proportion for the new portion class determined in subparagraph (2)(iv) of this subdivision from one.

(ii) Prorate the adjusted base proportions of the remaining classes by dividing the difference obtained in subparagraph (i) of this paragraph by 100 and then multiplying each class adjusted base proportion, other than the new portion class, by the quotient.

(iii) The products obtained in subparagraph (ii) of this paragraph, expressed as percentages to at least four places to the right of the decimal point, are the adjusted base proportions. The sum of the adjusted base proportions obtained in subparagraph (ii) of this paragraph plus the adjusted base proportion for the new portion class must equal one.

(b) For the assessment roll immediately subsequent to the first assessment roll on which the new portion class appears, the following applies:

(1) The local base proportion for each portion class is the adjusted base proportion determined for the first assessment roll on which the new portion class first appears.

(2) The current base proportion for each portion class is the local base proportion.

(3) The adjusted base proportion for each portion class is the current base proportion adjusted for physical change occurring between the first assessment roll on which the new portion class appears and the immediately subsequent assessment roll. The adjusted base proportions are determined in accordance with the procedures described in section 8186-9.5 of this Subpart.

(c) For each subsequent assessment roll the following applies:

(1) The base percentage for each portion class shall be determined as follows:

(i) Determine the estimated market value of each portion class, other than the new portion class, by dividing the taxable assessed value of the real property in the portion class on the final assessment roll on which the new portion class first appears by the appropriate final class equalization rate determined by ORPTS in accordance with the provisions of Subpart 8186-2 of this Part for such portion class on such roll.

(ii) Determine the estimated market value of the new portion class by dividing the taxable assessed value of the real property in such portion class on the final assessment roll on which such portion class first appears by the final class equalization rate determined for the appropriate special assessing unit class by ORPTS in accordance with the provisions of Subpart 8186-2 of this Part on such final assessment roll.

(iii) Determine the total estimated market value of the portion by summing the estimated market value of each class obtained in subparagraph (i) or (ii) of this paragraph.

(iv) Determine the base percentage of each portion class by dividing the estimated market value of each class obtained in subparagraph (i) or (ii) of this paragraph by the total estimated market value of the portion obtained in subparagraph (iii) of this paragraph. The base percentage shall be expressed as a percentage to at least four places to the right of the decimal point.

(2) The current percentage for each portion class shall be determined in the manner provided in section 8186-9.3(b) of this Subpart except that the class equalization rate used for the new portion class shall be the class equalization rate for the class in the special assessing unit for the applicable assessment roll. The special assessing unit class equalization rate shall be used until a class equalization rate for the new portion class is established.

(3) The local base proportion for each portion class is the adjusted base proportion determined for the first assessment roll on which the new portion class first appears.

(4) The current base proportions are determined in accordance with the procedures described in section 8186-9.3(c) of this Subpart.

(5) The adjusted base proportions are determined in accordance with the procedures described in section 8186-9.5 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 8186-9.8