Form Tc106ins - Application For Correction Of Assessment On Grounds Other Than, Or In Addition To, Overvaluation, Including Claims Of Exemption Or Classification - 2010 Page 3

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Although, in many cases, an exemption is continued
If you disagree with the tentative classification which
from one year to the next, each annual assessment is a
your property is assigned, file an application for
separate determination. If you own an exempt property,
correction with the Tax Commission by March 1 on Form
even a fully exempt property, you should check the
TC106.
tentative assessment roll between January 15 and
Limits on annual assessment increases. Properties
March 1 each year. If you disagree with the amount of
in class one are subject to a 6% annual cap and a 20%
exemption shown on the tentative assessment roll, you
five year cap.
Properties in class two which are
may request review by the Tax Commission by filing an
designated on the roll as being in the 2A/2B/2C subclass
application for correction on or before March 2 on Form
(up to ten units) are subject to an 8% annual cap and a
TC106. If the property is partially exempt, you may also
30% five year cap.
Other class two and class four
appeal the valuation of the taxable portion.
properties have transition assessments which phase in
Classification. Section 1802 of the Real Property Tax
increases and decreases in the actual assessment over
Law establishes the following classes for purposes of
five years. The limits do not apply to increases due to
taxation:
physical alterations or expiration of exemptions. If these
limits are not correctly applied, use Form TC101, TC108,
Class one: (a) all one, two and three family residential
or TC109 to request review by the Tax Commission of
real property, including such dwellings used in part for
this claim.
nonresidential purposes but which are used primarily for
residential purposes, except such property held in
Judicial review.
Section 165 of the New York City
cooperative or condominium forms of ownership other
Charter provides that, if no other action has occurred,
than (i) property defined in subparagraphs (b) and (c)
the tentative assessment is deemed confirmed and
hereof and (ii) property which contains no more than
subject to judicial review on May 25, although the Tax
three dwelling units held in condominium form of
Commission may act on your application at a later date.
ownership and which was classified within this class on
If you have applied to the Tax Commission but received
a
previous
assessment
roll;
and
provided
that,
no offer or did not accept an offer, you may commence a
notwithstanding the provisions of paragraph (g) of
proceeding pursuant to Article 7 of the Real Property
subdivision twelve of section one hundred two of this
Tax Law on or before October 22. For more information
chapter, a mobile home or a trailer shall not be classified
refer to TC707 Judicial Review of Assessments. If you
within this class unless it is owner-occupied and
claim a complete exemption for a nonprofit organization
separately assessed; and (b) residential real property
under section 420-a of the Real Property Tax Law you
not more than three stories in height held in
may alternatively be entitled to commence a proceeding
condominium form of ownership, provided no dwelling
pursuant to Article 78 of the Civil Practice Law and Rules
unit therein previously was on an assessment roll as a
within four months of May 25, when the assessment is
dwelling unit in other than condominium form of
deemed final.
ownership; and (c) residential real property consisting of
If your appeal to the Tax Commission results in an offer
one family house structures owned by the occupant,
to reduce the taxable valuation or otherwise change the
situated on land held in cooperative ownership by owner
assessment, and you accept the offer, you cannot
occupiers, provided that; (i) such house structures and
commence or continue litigation to further change the
land constituted bungalow colonies in existence prior to
assessment, including litigation seeking exemption or
nineteen hundred forty; and (ii) the land is held in
reclassification.
cooperative
ownership
for
the
sole
purpose
of
maintaining one family residences for members own
Where to get additional forms and information.
use; and (d) all vacant land ... other than such land in the
Copies of Tax Commission forms may be obtained at
borough of Manhattan south of or adjacent to the south
,
at
the
Tax
side of 110th street, provided that any such vacant land
Commission’s main office, and at Finance Department
which is not zoned residential must be situated
Business Centers in each borough.
If you have
immediately adjacent to property improved with a
questions about the application procedure, contact the
residential structure as defined in subparagraph (a) and
Tax Commission by e-mailing
tcinfo@oata.nyc.gov
or
(b) of this paragraph, be owned by the same owner as
calling 311.
Address questions about how your
such
immediately
adjacent
residential
property
assessment was determined or general questions about
immediately prior to and since January 1, 1989 and have
real
property
tax
assessments
to
the
Finance
a total area not exceeding 10,000 square feet;
Department.
Contact
Finance
at
or by calling 311.
For
Class two: all other residential real property which is not
questions on exemptions, call Finance at (212) 504-
designated as class one, except hotels and motels and
4080. For questions on commercial exemptions, e-mail
other similar commercial property;
exemptionspolicy@finance.nyc.gov.
For
personal
Class three: utility real property and property subject to
exemptions, go to nyc.gov/finance; click on STAR/Tax
Exemptions; click on “Contact the Department of
former section four hundred seventy of this chapter.
Finance”.
Class four:
all other real property which is not
designated as class one, class two, or class three.
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