§ 65-51.1. Reconstruction, alterations or improvement exemption., Article XIII. Superstorm Sandy Assessment Relief, Chapter 65. Taxation, Code of Ordinances, Brookhaven

Exemption granted; conditions.

(1)

An owner-occupied residential property that is the primary residence of the owner, reconstructed, altered, or improved due to damage caused by Superstorm Sandy, within the Town of Brookhaven, shall be exempt from Town taxes to the extent provided hereinafter. After a public hearing, the Town Board may adopt a local law to grant the exemption authorized pursuant to this act. A copy of such local law shall be filed with the Commissioner of Taxation and Finance and the Assessor of such municipality who prepared the assessment roll on which the taxes of such municipality are levied.

(2)

To be eligible for the tax exemption pursuant to Subsection A(1) of this section, such primary residence shall have been owner-occupied by the same owner immediately prior to Superstorm Sandy and immediately after reconstruction with a certificate of occupancy, and shall have received assessment relief pursuant of Chapter 424 of the Laws of 2013 (Superstorm Sandy Relief Act).

(3)

Such primary residence shall be exempt for a period of one year to the extent of 100% of the increase in assessed value thereof attributable to such reconstruction, alteration or improvement and for an additional period of seven years subject to the following:

(a)

The extent of such exemption shall be decreased by 12 1/2% of the "exemption base" each year during such additional period. The "exemption base" shall be the increase in assessed value as determined in the initial year of the term of the exemption, except as provided in Subsection A(3)(b).

(b)

In any year in which a change in level of assessment of 15% or more is certified for a final assessment roll pursuant to the rules of the Commissioner of Taxation and Finance, the exemption base shall be multiplied by a fraction, the numerator of which shall be the total assessed value of the parcel on such final assessment roll (after accounting for any physical or quantity changes to the parcel since the immediately preceding assessment roll), and the denominator of which shall be the total assessed value of the parcel on the immediately preceding final assessment roll. The result shall be the new exemption base. The exemption shall thereupon be recomputed to take into account the new exemption base, notwithstanding the fact that the Assessor received certification of the change in level of assessment after the completion, verification and filing of the final assessment roll. In the event the Assessor does not have custody of the final assessment roll when such certification is received, the Assessor shall certify the recomputed exemption to the local officers having custody and control of the final assessment roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the Assessor on the final assessment roll. The Assessor shall give written notice of such recomputed exemption to the property owner, who may, if he or she believes that the exemption was recomputed incorrectly, apply for a correction in the manner provided by Title 3 of Article 5 of the Real Property Tax Law for the correction of clerical errors.

(c)

Such exemption shall be applied to the difference in the pre-storm assessed value attributable to all the reconstruction, alterations or improvements due to Superstorm Sandy. For the purposes of this section, the market value of the reconstruction, alteration, or improvement shall be equal to the increased assessed value attributable to such reconstruction, alteration or improvement divided by the most recently established state equalization rate or special equalization rate in the remainder of the state, except where the state equalization rate or special equalization rate equals or exceeds 95%, in which case the increase in assessed value attributable to such reconstruction, alteration or improvement shall be deemed to equal the market value of such reconstruction, alteration or improvement.

(4)

No such exemption shall be granted for reconstruction, alterations or improvements unless commenced due to damage caused by Superstorm Sandy, and reflected on a certificate of occupancy dated no later than March 2018.

(5)

Application for such exemption shall be filed with the Assessor by the first of March after the adoption of a local law pursuant to Subsection A(1) of this section, or the first of March of any subsequent year thereafter but no later than the first of March 2018, on a form prescribed by either the Assessor or the Commissioner of Taxation and Finance.

(6)

If satisfied that the applicant is entitled to an exemption pursuant to this act, the Assessor shall approve the application and such primary residence shall be exempt from taxation for up to eight prospective tax years as provided by this act. The assessed value of any exemption granted pursuant to this act shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.

(7)

For the purpose of this act, a "primary residence" shall mean any building or structure designed and occupied exclusively for residential purposes by not more than three families, and occupied by the owner as a primary residence.

(8)

In the event that a primary residence granted an exemption pursuant to this act ceases to be used as a primary residence of the owner, or the title thereto is transferred, the exemption granted pursuant to this act shall cease. However, the exemption granted pursuant to this act shall continue for the remaining exemption period for as long as an heir-at-law or distributee of such owner occupies the property as a primary residence.

(9)

No such local law shall reduce or repeal an exemption granted pursuant to this section until the expiration of the period for which such exemption was granted.