[Adopted 4-22-2021 by L.L. No. 3-2021]
It is the intent of this article to require an income and expense
statement to be provided for any grievance filed from a property owner
with the Town Assessor pursuant to the procedures contained herein.
This article is adopted pursuant to Real Property Tax Law § 305,
which relates to the income and expense statements pertaining to income-producing
properties submitted to an assessor for his or her use in the assessment
of real property.
A.
Where real property is income-producing property, not to include
residential property containing three or fewer dwelling units or property
classified as a homestead pursuant to Article 19 of the Real Property
Tax Law, and the owner or his representative has filed a grievance
with the Board of Assessment Review, the owner shall be required to
submit to the Assessor's Office a statement of all income derived
from any and all expenses attributable to the operation of such real
property as follows:
(1)
In the event the owner's records are maintained on a calendar
year basis, the owner shall submit the statement for the calendar
year accompanied by statements for the three calendar years preceding
the submission;
(2)
In the event the owner's records are maintained on a fiscal
year basis for federal income tax purposes, the owner shall submit
the statement for the fiscal year accompanied by statements for the
three fiscal years preceding the submission;
(4)
Value is to be determined based upon the full market value of the
real property, which is based upon gross income as related to market
value from rental and lease information.
(5)
The Town shall not change commercial assessments based on occupancy.
(6)
Upon a showing of good cause by the owner, the Town Assessor will
be permitted to extend the time for filing an income and expense statement
by a period not to exceed 30 days.
B.
Contents and methods of filing.
(1)
Income and expense statements shall contain the following declaration:
"I certify that all information contained in this statement is true
and accurate to the best of my knowledge and belief. I understand
that the willful making of any false statement of material fact contained
herein will subject me to the provisions of law relevant to the making
or filing of false instruments and will render this statement null
and void."
(2)
The form on which the above statement shall be submitted shall be
prepared by the Town Assessor. Copies of such form shall be made available
at the office of the department in the county in which the property
is located. The Town Assessor may also require that such a statement
be submitted electronically as the Town Assessor may determine. Upon
a showing of good cause, the Town Assessor may waive any rule requiring
electronic filing. The Town Assessor may permit a statement to be
filed in another manner as he or she designates.
C.
Grievance filing and accompanying statement.
(1)
In the event a grievance is filed with the Board of Assessment Review,
the grievance must be accompanied by an income and expense statement
no later than seven days after the filing of the grievance in all
succeeding years.
(2)
If the owner fails to file that income and expense statement within
the applicable seven days, such owner shall be subject to a penalty
not to exceed 3% of the assessed value of the income-producing property
for the current fiscal year.
(3)
Where this accompanying statement has not been timely filed, the
Town Assessor may compel by subpoena the production of the books and
records of the owner relevant to the income and expenses of the property.
The Town Assessor may also make application to any court of competent
jurisdiction for an order compelling the furnishing of such a statement.
D.
Obligations of the Town officer.
(1)
Except in accordance with judicial mandate, or as otherwise provided
by law, it shall be unlawful for the Town Assessor or any Town employee,
engaged or retained, to divulge or make known the amount of income
and/or expenses of any particulars contained therein.
(2)
The Town officer charged with the custody of such statements shall
not be required to produce any statements or evidence of anything
contained therein in any action or proceeding, except on behalf of
the Town or the Town Assessor.
(3)
Any violations of the provisions of this section shall be punishable
by a fine not exceeding $1,000 or by imprisonment not exceeding one
year, or both, at the discretion of the Court. If the offender is
an officer or employee of the Town, said offender shall be dismissed
from Town office.
Pursuant to 6 NYCRR 617.5(20) and (27), this article is classified
as a Type II action which requires no further review under the State
Environmental Quality Review Act.
The Town Assessor shall be authorized to promulgate rules and
regulations necessary to effectuate the purposes of this article.
If a court of competent jurisdiction determines that any clause,
sentence, paragraph, subdivision, or part of this article or the application
thereof to any person, firm or corporation, or circumstance is invalid
or unconstitutional, the court's order or judgment shall not
affect, impair, or invalidate the remainder of this article, but shall
be confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this article or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
This article shall be effective immediately upon filing with
the Secretary of State.
