Form Tc106ins - Application For Correction Of Assessment On Grounds Other Than, Or In Addition To, Overvaluation, Including Exemption Or Classification Claims - 2011 Page 3

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Although, in many cases, an exemption is continued from
Class four: all other real property which is not designated as
one year to the next, each annual assessment is a separate
class one, class two, or class three.
determination. If you own an exempt property, even a fully
If you disagree with the tentative classification which your
exempt property, you should check the tentative assessment
property is assigned, file an application for correction with
roll between January 15 and March 1 each year. If you
the Tax Commission by March 1 on Form TC106.
disagree with the amount of exemption shown on the
tentative assessment roll, you may request review by the
Limits on annual assessment increases.
Properties in
Tax Commission by filing an application for correction on or
class one are subject to a 6% annual cap and a 20% five
before March 1 (or March 15, 2011 if property is in class 1)
year cap. Properties in class two which are designated on
on Form TC106. If the property is partially exempt, you may
the roll as being in the 2A/2B/2C subclass (up to ten units)
also appeal the valuation of the taxable portion.
are subject to an 8% annual cap and a 30% five year cap.
Other class two and class four properties have transition
Classification. Section 1802 of the Real Property Tax Law
assessments which phase in increases and decreases in the
establishes the following classes for purposes of taxation:
actual assessment over five years. The limits do not apply
Class one: (a) all one, two and three family residential real
to increases due to physical alterations or expiration of
property, including such dwellings used in part for
exemptions. If these limits are not correctly applied, use
nonresidential purposes but which are used primarily for
Form TC101, TC108, or TC109 to request review by the Tax
residential
purposes,
except
such
property
held
in
Commission of this claim.
cooperative or condominium forms of ownership other than
Judicial review. Section 165 of the New York City Charter
(i) property defined in subparagraphs (b) and (c) hereof and
provides that, if no other action has occurred, the tentative
(ii) property which contains no more than three dwelling units
assessment is deemed confirmed and subject to judicial
held in condominium form of ownership and which was
review on May 25, although the Tax Commission may act on
classified within this class on a previous assessment roll;
your application at a later date. If you have applied to the
and provided that, notwithstanding the provisions of
Tax Commission but received no offer or did not accept an
paragraph (g) of subdivision twelve of section one hundred
offer, you may commence a proceeding pursuant to Article 7
two of this chapter, a mobile home or a trailer shall not be
of the Real Property Tax Law on or before October 24. For
classified within this class unless it is owner-occupied and
more information refer to TC707 Judicial Review of
separately assessed; and (b) residential real property not
Assessments.
If you claim a complete exemption for a
more than three stories in height held in condominium form
nonprofit organization under section 420-a of the Real
of ownership, provided no dwelling unit therein previously
Property Tax Law you may alternatively be entitled to
was on an assessment roll as a dwelling unit in other than
commence a proceeding pursuant to Article 78 of the Civil
condominium form of ownership; and (c) residential real
Practice Law and Rules within four months of May 25, when
property consisting of one family house structures owned by
the assessment is deemed final.
the occupant, situated on land held in cooperative ownership
by owner occupiers, provided that; (i) such house structures
If your appeal to the Tax Commission results in an offer to
and land constituted bungalow colonies in existence prior to
reduce the taxable valuation or otherwise change the
nineteen hundred forty; and (ii) the land is held in
assessment, and you accept the offer, you cannot
cooperative ownership for the sole purpose of maintaining
commence or continue litigation to further change the
one family residences for members own use; and (d) all
assessment, including litigation seeking exemption or
vacant land ... other than such land in the borough of
reclassification.
Manhattan south of or adjacent to the south side of 110th
street, provided that any such vacant land which is not
NEW FEE FOR CERTAIN PROPERTIES
zoned residential must be situated immediately adjacent to
NOTE: THE TAX COMMISSION HAS ADOPTED A RULE
property improved with a residential structure as defined in
IMPOSING
A
$175
FEE
ON
APPLICATIONS
subparagraph (a) and (b) of this paragraph, be owned by the
FOR CORRECTION WHERE THE ASSESSED VALUE ON
same owner as such immediately adjacent residential
THE NOTICE OF PROPERTY VALUE FOR 2011/12 IS $2
property immediately prior to and since January 1, 1989 and
MILLION OR MORE. NO FEE IS DUE IF THE APPLICANT
have a total area not exceeding 10,000 square feet;
OR REPRESENTATIVE WAIVES REVIEW OF THE
APPLICATION
BEFORE
IT
IS
SCHEDULED
FOR
Class two: all other residential real property which is not
REVIEW. IF ANY FEE IS UNPAID, REVIEW OF YOUR
designated as class one, except hotels and motels and other
APPLICATION MAY BE DENIED AND ANY OFFER OF
similar commercial property;
CORRECTION REVOKED. THE FEE WILL BE INCLUDED
ON THE REAL PROPERTY TAX BILL DO NOT PAY THE
Class three:
utility real property and property subject to
FEE WITH THIS APPLICATION.
former section four hundred seventy of this chapter.
3

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