[Adopted 2-5-2007 by L.L. No. 1-2007]
This article shall be known as the "Town of
Cheektowaga Converted Condominium Taxation Assessment Exclusion local
law."
The purpose of this article is to exclude converted
condominium units from assessment under Real Property Law § 339-y.
A.
CONVERTED CONDOMINIUM UNIT
As used in this article, the following terms shall
have the meanings indicated:
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 Subdivision 1(b) of § 339-y of the
Real Property Law.
B.
The words and terms used in this article shall have
the same meaning as in Article 9-B of the Real Property Law of the
State of New York and Article 5 of the Real Property Tax Law of the
State of New York.
The provisions of Subdivision 1(b) of § 339-y
of the Real Property Law shall not apply to a converted condominium
unit in the Town of Cheektowaga.
A.
This article is subject and subordinate to all the
conditions and provisions contained in New York State Real Property
Law, Article 9-B, § 339-y(1)(f) and Article 5 of the New
York State Real Property Tax Law, Article 5, § 581(1)(c),
and amendments thereto, and any and all rules and regulations and
opinions adopted or to be adopted by the State of New York.
B.
This article shall apply to real property situate
within the bounds of the Town of Cheektowaga.
This article shall take effect immediately upon
filing with the Secretary of State, and shall apply to assessment
rolls prepared on the basis of taxable status dates occurring on or
after such effective date.
All resolutions, ordinances or local laws or
portions thereof of the Town of Cheektowaga not consistent with this
article in whole or in part shall be repealed.
If any provisions of this article or the application
thereof to any person or circumstances shall be adjudged invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this article or the application thereof to other persons or circumstances
shall not be affected thereby, and the Town Board hereby declares
that it would have enacted this article without the invalid provision
or application, as the case may be, had such invalidity been apparent.
