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Scope of flood relief bill expanded

By Lombardo David
Wednesday, September 4, 2013

The "flood assessment relief act of 2013" has been expanded to the "Mohawk Valley and Niagara county assessment relief act."

Initially proposed just for Montgomery County, in the wake of this summer's massive flooding in the Mohawk Valley, a proposal to ease the property tax burden on homeowners who saw their property values dramatically decrease has been expanded to homeowners in Herkimer, Madison, Montgomery, Niagara, and Oneida counties who had property damaged by early summer flooding. The bill is sponsored by Sen. Cecilia Tkaczyk, D-Duanesburg, and Assemblyman Angelo Santabarbara, D-Rotterdam.

Here is a section from the bill memorandum that explain the provisions of the proposal in more depth:

Section 4 (a.) describes various levels of new assessment relief measures in this legislation. (i) states that if property value lost is between ten percent and twenty percent, then the assessed value attributable to the improvements shall be reduced by fifteen percent. (ii) states that if property value lost is between twenty percent and thirty percent, then the assessed value attributable to the improvements shall be reduced by twenty-five percent. (iii) states that if property value lost is between thirty percent and forty percent, then the assessed value attributable to the improvements shall be reduced by thirty-five percent. (iv) states that if property value lost is between forty percent and fifty percent, then the assessed value attributable to the improvements shall be reduced by forty-five percent. (v) states that if property value lost is between fifty percent and sixty percent, then the assessed value attributable to the improvements shall be reduced by fifty-five percent. (vi) states that if property value lost is between sixty percent and seventy percent, then the assessed value attributable to the improvements shall be reduced by sixty-five percent. (vii) states that if the property value lost is at least seventy percent but less than eighty percent, the assessed value attributable to the improvements shall be reduced by seventy-five Percent. (viii) states that if property value lost is between eighty percent and ninety percent, then the assessed value attributable to the improvements shall be reduced by eighty-five percent. (ix) states that if property value lost is between ninety percent and one hundred percent, then the assessed value attributable to the improvements shall be reduced by ninety-five percent. (x)
states that if property value lost is one hundred percent, then the assessed value attributable to the improvements shall be reduced by one hundred percent. (xi) states that the previous values should he adopted by the assessor from a written finding of FEMA, and if this is not possible, then the assessor should assess values based on the legislation, subject to review by the board of assessment review. (xii) states that no other reduction in assessed value shall take place in specified counties except as specified by this legislation and that no entity that does not adopt this act shall be entitled to reductions. Section 4 (b) defines how a property owner shall go about receiving such relief as established by this act.

According to Tkaczyk's bill memo, similar legislation was enacted in 2005 and 2007. The bill has an effective date of June 20, 2013.
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