US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 552. Correction of errors on tentative assessment rolls. 1. Clerical
errors,  unlawful  entries  and  errors  in  essential fact on tentative
assessment rolls may be corrected in accordance with the  provisions  of
this section.
  2.  (a)  Where  it  is  made to appear to the assessor that a clerical
error, an unlawful entry or an error in essential fact is present on the
tentative assessment roll, or an application for exemption  is  received
after  taxable status date pursuant to a local law adopted in accordance
with subdivision eight of  section  four  hundred  sixty-seven  of  this
chapter,  the  assessor  shall  execute  and  transmit  to  the board of
assessment  review  a  verified  statement  that  such  clerical  error,
unlawful  entry  or  error  in essential fact has been made or such late
application for exemption has been  received,  including  any  available
proof  of  such  error.  Such  verified statement shall be on a form and
shall contain such information as prescribed by the commissioner. For an
error in essential fact, the petition shall include: (i) a copy  of  the
property record card, field book, or other final work product upon which
the  incorrect  assessment  was  based;  and (ii) a copy of any existing
municipal record which substantiates the occurrence of the error.

(b) Where the assessor acts pursuant to this subdivision at the request of the owner of the real property or any person who would be entitled to file a complaint as to such real property pursuant to section five hundred twenty-four of this chapter, the assessor shall immediately provide such owner or other person with a copy of the verified statement executed pursuant to paragraph (a) of this subdivision. If the verified statement executed pursuant to this paragraph is not received by the board of assessment review on or before the meeting of the board to hear and determine complaints in relation to assessments, then the owner or other person entitled to file a complaint pursuant to section five hundred twenty-four of this chapter may transmit to the board of assessment review the copy of the verified statement executed pursuant to this paragraph. The board of assessment review shall consider such copy of the verified statement as a petition filed pursuant to section five hundred fifty-three of this title.

(c) Where the assessor, acting pursuant to the provisions of this section, submits to the board of assessment review a verified statement to increase an assessment, the assessor must provide the owner of the real property subject to such assessment a written notice together with a copy of the verified statement. Such written notice shall be mailed to the owner of the real property by certified mail at least five days prior to the meeting of the board of assessment review. 3. At the meeting of the board of assessment review to hear and determine complaints in relation to assessments the board shall review all verified statements which it receives pursuant to this section and on such review shall have all of the powers and duties imposed by law upon boards of assessment review by title one-A of this article and by any other law. Any changes ordered by a board of assessment review pursuant to this section shall be effected in the manner prescribed by sections five hundred twenty-five and five hundred twenty-six of this chapter.