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Public hearing tomorrow evening
Release Date: May 22, 2018

A PUBLIC HEARING WILL BE HELD TOMORROW EVENING AT the Greenburgh Town Board meeting on proposed legislation that would prevent residential property owners from converting to a condominium form of ownership that results in lower assessments which, if permitted, would unfairly lower the property tax burden for the converted property and increase the property tax burden to owners of property in a conventional form of ownership.  The law which the Town Board is considering approving has been adopted by other municipalities and is authorized by state law. We have been discussing this for over a year. The legislation has the support of some other village officials throughout the town and was discussed at a work session earlier this spring.

 

This legislation only affects properties that are requesting to be converted to a condominium form of ownership effective May 1, 2019 which is the valuation date for the town.  Existing condo’s will not be impacted by the proposed legislation and their condominiums will be valued based on the current real property tax law as it is currently written. 

 

The Town Board meeting begins tomorrow at 7:30 PM. Con Ed is making a presentation at the beginning of the meeting (before the hearing) –discussing storms/power outages. And there are a few other presentations before the public hearing will take place. My guess is that the hearing will not begin before 8:15 PM.

PAUL FEINER

 

A local law to amend Chapter 440, entitled “Taxation,” of the Code of the Town of Greenburgh,

pursuant to the New York State Constitution Article IX and New York Municipal Home Rule

Law §10, by creating a new Article XV, entitled “Real Property Assessment of Converted

Condominiums,” and related sections, as they pertain to real property assessment of dwelling

units converted to condominiums.

BE IT ENACTED by the Town Board of the Town of Greenburgh as follows:

§ 1. Title.

§ 2. Legislative Findings.

§ 3. Creation of Article XV, entitled “Real Property Assessment of Converted

Condominiums,” in Chapter 440 of the Code of the Town of Greenburgh.

§ 4. Creation of §440-82, “Definitions.”

§ 5. Creation of §440-83, “Real Property Assessment of Converted Condominiums.”

§ 6. Severability.

§ 7. Effective Date.

§ 1. Title.

This law shall be known as “A Local Law creating a new Article XV, entitled ‘Real

Property Assessment of Converted Condominiums’ and related sections in Chapter 440 of

the Code of the Town of Greenburgh.”

§ 2. Legislative Findings.

The Town Board of the Town of Greenburgh finds that residential condominium units

incur a significant difference in property taxes compared to comparably priced single

family homes under conventional forms of property ownership and, therefore, believes it is

necessary to amend Chapter 440 of the Code of the Town of Greenburgh to prevent

residential property owners from converting to a condominium form of ownership that

would result in a lower assessment, which, if permitted, would unfairly lower the property

tax burden for the converted property, while increasing the property tax burden to owners

of property in a conventional form of ownership.

§ 3. Creation of Article XV, entitled “Real Property Assessment of Converted

Condominiums,” in Chapter 440 of the Code of the Town of Greenburgh

Pursuant to Chapter 293 of the Laws of the State of New York 1997, which enacted § 581,

Subdivision 1(c), of the Real Property Tax Law and § 339-y, Subdivision 1(f), of the Real

Property Tax Law for the purpose of preventing lower assessments of converted

condominiums, Article XV is added to Chapter 440 of the Code of the Town of

Greenburgh as follows (new text underlined):

ARTICLE XV: Real Property Assessment of Converted Condominiums

§ 4. Addition of §440-82, “Definitions”

§ 440-82 of the Code of the Town of Greenburgh is hereby added to newly created Article

XV, entitled “Real Property Assessment of Converted Condominiums,” as follows (new

text underlined):

§ 440-82 Definitions.

As used in this article, the following term shall have the meaning indicated:

CONVERTED CONDOMINIUM

A dwelling unit held in condominium form of ownership that has previously been on an

assessment roll as a dwelling unit in other than condominium form of ownership and has

not been previously subject to the provisions of § 581, Subdivision 1(a), of the Real

Property Tax Law or § 339-y, Subdivision 1(b), of the Real Property Law.

§ 5. Creation of §440-83, “Real Property Assessment of Converted Condominiums”

§ 440-83 of the Code of the Town of Greenburgh is hereby added to newly created Article

XV, entitled “Real Property Assessment of Converted Condominiums,” as follows (new

text underlined):

§ 440-83 Real Property Assessment of Converted Condominiums.

In accordance with § 581 Subdivision 1(c) of the Real Property Tax Law and § 339-y,

Subdivision 1(f), of the Real Property Law, which otherwise permits condominium units to

be valued for purposes of real property assessment by using a capitalization of income

approach or a cost approach, neither § 581, Subdivision 1(a), of the Real Property Tax Law

nor § 339-y, Subdivision 1(b), of the Real Property Tax Law shall apply to any converted

condominium units in the Town of Greenburgh.

§ 6. Severability.

If any clause, sentence, paragraph, subdivision, section or part of this chapter or the

application to any person or circumstance shall be adjudged by any court of competent

jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair

or invalidate the remainder thereof, but shall be confined in its operation to the clause,

sentence, paragraph, subdivision, section or part of this chapter, or its application to the

person or circumstance directly involved in the controversy in which such order or

judgment shall be rendered.

§ 7. Effective Date.

This Local Law shall take effect immediately upon filing with the Secretary of State and

shall apply to assessment rolls based on the taxable status date occurring on or after such

date.




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