N.Y. Real Property Tax Law Section 467-N
Assessment relief for disasters

1.

Definitions. For the purposes of this section, the following terms shall have the following meanings:

(a)

“Eligible municipality” shall mean a county, city, town or village, school district, or special district, other than a city with a population of one million or more, who has passed a local law or resolution pursuant to subdivision two of this section to adopt the provisions of this section.

(b)

“Eligible property” shall mean residential real property with three or fewer dwelling units that is owner occupied prior to the date upon which damage is caused by a major disaster, local disaster, or both; provided however, that irrespective of whether the property remains owner occupied, it is not transferred to a new owner prior to relief being granted pursuant to this section.

(c)

“Damages” shall mean the reduction in assessed value of an eligible property resulting from a major disaster, local disaster, or both.

(d)

“Local disaster” shall mean, the occurrence or imminent, impending or urgent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, disease outbreak, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological, or bacteriological release, water contamination, bridge failure or bridge collapse, occurring in an area or region that is not proclaimed by the governor of New York or president of the United States to be in a state of emergency.

(e)

“Major disaster” shall mean the occurrence or imminent, impending or urgent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, disease outbreak, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological, or bacteriological release, water contamination, bridge failure or bridge collapse, occurring in an area or region subsequently proclaimed by the governor of New York or president of the United States to be in a state of emergency.

(f)

“Maximum benefit ceiling” shall mean the maximum abatement from real property taxes in dollars an eligible property may receive pursuant to this section.

(g)

“Minimum damage floor” shall mean the reduction in total assessed value of an eligible property, in a dollar amount or a percentage of the total assessed value lost, resulting from a major disaster, local disaster, or both below which, an eligible property may not receive an abatement pursuant to this section; provided however, that the percentage loss in total assessed value on improvements on such eligible property for this purpose shall be determined by the assessor in the manner provided by this section, subject to review by the board of assessment review, or in special assessing units, such local equivalent as is applicable; and provided further, that an eligible municipality may provide for an exception to the minimum damage floor in the event that the disaster rendered the improvements on the residential real property uninhabitable as determined by the local building inspector.

2.

Local option.

(a)

An eligible municipality may exercise the provisions of this section if, after a public hearing, its governing body shall pass a local law or, in the case of a school district, a resolution adopting the provisions of this section. Such local law or resolution may provide for a tax abatement for real property that has sustained damages from a major disaster, a local disaster, or both.

(b)

Such local law or resolution shall include, but not be limited to:

(i)

an expiration date after which applications received pursuant to this section shall be invalid. If no expiration date is specified, the abatement established in this section shall remain in effect until repealed;

(ii)

a specification of the number of days after the occurrence of a major disaster, local disaster, or both after which applications received pursuant to this section are invalid;

(iii)

the date by which if a local disaster, major disaster, or both occurred prior to, applications received pursuant to this section are invalid, provided however, that such date may be prior to the effective date of such local law or resolution, and provided further, that such date shall not be prior to January first, two thousand twenty; and

(iv)

a specification of a minimum damage floor and a maximum benefit ceiling.

3.

Assessment relief for victims of a local or major disaster in an eligible municipality.

(a)

Notwithstanding any provision of law to the contrary, where an eligible property that has sustained damages is located within an eligible municipality, an abatement of real property taxes shall be granted equal to the damages to such eligible property, subject to the following:

(i)

the local assessor shall determine the amount of damages;

(ii)

any abatement from real property taxes may not exceed the maximum benefit ceiling, if applicable;

(iii)

the damages to an eligible property shall exceed the minimum damage floor, if applicable; and

(iv)

if the abatement granted pursuant to this section exceeds the amount of real property taxes owed on an eligible property, the excess abatement shall carry over to the next tax year, until the cumulative sum of abated real property taxes equals the damages to such eligible property, or five years have passed from when the abatement was granted, whichever occurs first.

(b)

To receive an abatement from real property taxes pursuant to this section, the owner shall submit an application to the local assessor, on a form prescribed by the commissioner, prior to the deadline established pursuant to subparagraph (iii) of paragraph (b) of subdivision two of this section. Such application shall include any supporting documentation and photographs, including any and all documentation outlined in paragraph (c) of this subdivision, and shall describe in reasonable detail the damage caused to and the condition of the property following a major disaster, local disaster, or both.

(c)

A homeowner may provide evidence of damage to the local assessor as part of the application with the following, provided that the local assessor may take the necessary steps to confirm the validity of such documentation:

(i)

assessment or reassessment by the eligible county or municipality;

(ii)

private appraisal;

(iii)

documentation provided by such homeowner’s insurance company;

(iv)

documentation provided by a public adjuster as defined in Insurance Law § 2108 (Adjusters)section twenty-one hundred eight of the insurance law, if a homeowner does not maintain a homeowner’s insurance policy;

(v)

loss verification reports and other records produced by the small business administration office of disaster assistance or federal emergency management agency;

(vi)

photographic and visual documentation;

(vii)

affidavits and other sworn statements; and

(viii)

other government records and reports.

(d)

The local assessor shall take the necessary steps to determine the damages to the applicable eligible property. An owner of eligible property may contest the amount of damages determined by the local assessor to the board of assessment review, or in special assessing units, such local equivalent as is applicable as outlined in paragraph (f) of this subdivision; provided further, that a homeowner may contest the determination of the board of assessment review or such local equivalent pursuant to article 7 (Judicial Review)article seven of this chapter.

(e)

Abatements shall only be granted pursuant to this section for eligible properties damaged by a major disaster, local disaster, or both if the owner of such eligible property has not contributed to such damage through an intentional act.

(f)

If satisfied that the applicant is entitled to an abatement pursuant to this section, the local assessor shall approve the application and apply such abatement as herein provided commencing with the assessment roll prepared on the basis of the taxable status date immediately following the date the application was submitted. The abatement granted pursuant to this section shall be entered by the local assessor on the applicable assessment, with the amount of the abatement shown in a separate column.

4.

Selective reassessment. Thereafter, any increase in assessed value attributable to the improvements made to real property impacted by a major disaster, a local disaster, or both shall not constitute a selective reassessment.

Source: Section 467-N — Assessment relief for disasters, https://www.­nysenate.­gov/legislation/laws/RPT/467-N (updated Dec. 27, 2024; accessed Jan. 18, 2025).

420‑A
Nonprofit organizations 420‑B
Nonprofit organizations 420‑C
Exemption from local real property taxation of certain low income housing accommodations in a city having a population of one million or ... 421‑A
Affordable New York Housing Program 421‑B
Exemption of certain private dwellings, multiple dwellings and improvements from local taxation 421‑C
Exemption of certain new multiple dwellings from local taxation 421‑D
Exemption of multiple dwellings financed by the New York state housing finance agency from local taxation 421‑E
Exemption of cooperative, condominium, homesteading and rental projects from local taxation 421‑F
Exemption of capital improvements to residential buildings and certain new construction 421‑FF
Exemption of capital improvements to residential buildings in cities with a population between twenty-seven thousand five hundred and twe... 421‑G
Exemption from local taxation of certain multiple dwellings 421‑H
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑H*2
Exemption of capital improvements to residential buildings 421‑I
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑I*2
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑J
Exemption of capital investment in multiple dwelling buildings within certain cities 421‑J*2
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑K
Exemption of certain multiple dwellings 421‑L
Exemption of capital improvements to residential buildings in certain towns 421‑M
Exemption of certain new or substantially rehabilitated multiple dwellings from local taxation 421‑N
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑O
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑O*2
Exemption of capital improvements to multiple dwelling buildings within certain cities 421‑P
Exemption of newly-constructed or converted rental multiple dwellings 421‑P*2
Exemption of capital improvements to residential new construction involving the creation of accessory dwelling units 421‑PP
Exemption of newly converted or constructed fully income restricted rental multiple dwellings 421‑Q
Exemption from taxation for capital improvements to residential buildings to reduce carbon emissions 422
Not-for-profit housing companies 423
Phase out of exemption for redevelopment company projects upon the cessation of the tax exemption granted pursuant to contract 424
Institute of arts and sciences 425
School tax relief (STAR) exemption 425‑A
Abatement of county taxes in special assessing units 426
Opera houses 427
Performing arts buildings 428
Fraternal organizations 429
Real property used for professional major league sports 430
Interdenominational centers 432
Theatrical corporations created by act of congress 434
Academies of music 436
Officers of religious denominations 438
Trustees of a hospital, playground and library 440
Infant homes 442
Soldiers monument corporations 444
Historical societies 444‑A
Historic property 446
Cemeteries 450
Agricultural societies 452
Veterans organizations 454
Indians 455
Exemption option 456
Municipal railroads 457
Exemption for first-time homebuyers of newly constructed homes 458
Veterans 458‑A
Veterans 458‑B
Exemption for Cold War veterans 458‑C
Improvements to property of severely injured members of the armed forces of the United States 459
Persons who are physically disabled 459‑A
Improvements to property made pursuant to the Americans with Disabilities Act of 1990 459‑B
Physically disabled crime victims 459‑C
Persons with disabilities and limited incomes 460
Clergy 462
Religious corporations 464
Incorporated associations of volunteer firefighters 466
Volunteer firefighters and fire companies in villages 466‑A
Volunteer firefighters and volunteer ambulance workers 466‑A*2
Volunteer firefighters and volunteer ambulance workers 466‑B
Volunteer firefighters and volunteer ambulance workers 466‑C
Volunteer firefighters and volunteer ambulance workers 466‑C*2
Volunteer firefighters and volunteer ambulance workers 466‑C*3
Volunteer firefighters and volunteer ambulance workers 466‑C*4
Volunteer firefighters and volunteer ambulance workers 466‑C*5
Volunteer firefighters and volunteer ambulance workers 466‑C*6
Volunteer firefighters and volunteer ambulance workers 466‑C*7
Volunteer firefighters and volunteer ambulance workers 466‑D
Volunteer firefighters and volunteer ambulance workers 466‑D*2
Volunteer firefighters and volunteer ambulance workers 466‑D*3
Volunteer firefighters and volunteer ambulance workers 466‑D*4
Volunteer firefighters and volunteer ambulance workers 466‑E
Volunteer firefighters and volunteer ambulance workers 466‑E*2
Volunteer firefighters and volunteer ambulance workers 466‑E*3
Volunteer firefighters and volunteer ambulance workers 466‑E*4
Volunteer firefighters and volunteer ambulance workers 466‑F
Volunteer firefighters and volunteer ambulance workers 466‑F*2
Volunteer firefighters and volunteer ambulance workers 466‑F*3
Volunteer firefighters and volunteer ambulance workers 466‑F*4
Volunteer firefighters and volunteer ambulance workers 466‑F*5
Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in the line of duty 466‑G
Volunteer firefighters and volunteer ambulance workers 466‑G*2
Volunteer firefighters and volunteer ambulance workers 466‑H
Volunteer firefighters and volunteer ambulance workers 466‑H*2
Un-remarried spouses of deceased volunteer firefighters or volunteer ambulance workers 466‑I
Volunteer firefighters and volunteer ambulance workers 466‑J
Volunteer firefighters and volunteer ambulance workers 466‑K
Volunteer firefighters and volunteer ambulance workers 466‑L
Extension of benefits 467
Persons sixty-five years of age or over 467‑A
Partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a populatio... 467‑B
Tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities 467‑C
Exemption for property owned by certain housing companies or sublessees of the battery park city authority and occupied by senior citizen... 467‑D
Assessment exemption for certain living quarters constructed to be occupied by a senior citizen or disabled individual 467‑E
Rebate for owners or tenant-stockholders of one, two or three family residences or residential property held in the condominium or cooper... 467‑F
Protective and safety devices tax abatement 467‑G
Rebate for owners of certain real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth of Octob... 467‑H
Partial abatement for certain rebuilt real property seriously damaged by the severe storm that occurred on the twenty-ninth and thirtieth... 467‑I
Real property tax abatement 467‑J
Exemption for certain residential properties located in certain counties 467‑K
Senior citizen longtime resident exemption 467‑K*2
Exemption for certain residential property required to participate in the federal flood insurance program 467‑L
Rebate for owners of certain real property in the city of New York 467‑M
Exemption from local real property taxation of certain multiple dwellings in a city having a population of one million or more 467‑N
Assessment relief for disasters 468
Fire patrol and salvage corps 469
Assessment exemption for living quarters for parent or grandparent 470
Exemption for improvements to real property meeting certification standards for green buildings 472
Pharmaceutical societies 474
Dental societies 476‑A
Railroad passenger stations 477
Tax exemption for industrial waste treatment facilities 477‑A
Tax exemption for air pollution control facilities 478
Tax exemption for off-street parking facilities providing underground shelters 479
Fallout shelter facilities 480
Forest and reforested lands 480‑A
Taxation of forest land 481
Taxation of land used for agricultural production 482
Quarantined lands 483
Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands 483‑A
Farm silos, farm feed grain storage bins, commodity sheds, bulk milk tanks and coolers, and manure storage and handling facilities 483‑B
Historic barns 483‑C
Temporary greenhouses 483‑D
Farm or food processing labor camps or commissaries 483‑E
Anaerobic digestion facilities 484
Urban redevelopment corporations and companies 485
Nuclear powered electric generating facilities 485‑A
Residential-commercial urban exemption program 485‑B
Business investment exemption 485‑C
Exemption from taxation of real property used in manufacture of steel in cities of fifty thousand or more persons 485‑D
Water-works corporations 485‑E
Empire zone exemption 485‑F
Banking development districts 485‑G
Infrastructure exemption 485‑H
Residential investment exemption 485‑I
Residential investment exemption 485‑I*2
Residential investment exemption 485‑J
Residential property improvement exemption 485‑J*2
Residential investment exemption 485‑J*3
Residential investment exemption 485‑J*4
Residential investment exemption 485‑J*5
Residential investment exemption 485‑K
Residential investment exemption 485‑L
Residential property improvement 485‑L*2
Residential investment exemption 485‑M
Residential investment exemption 485‑N
Residential-commercial exemption program 485‑O
New residential property exemption 485‑P
Economic transformation area exemption 485‑Q
Residential investment exemption 485‑R
Residential redevelopment inhibited property exemption 485‑S
Residential reassessment exemption 485‑S*2
Residential reassessment exemption 485‑S*3
Mixed use exemption program for villages 485‑T
Owner occupied residential property exemption program 485‑U
Class one reassessment exemption 485‑V
Residential revaluation exemption 485‑V*2
Residential and mixed-use investment exemption 485‑W
Newly constructed single-family and multi-family residential exemption 485‑X
Affordable neighborhoods for New Yorkers tax incentive 485‑Y
Vacant residential real property improvement exemption 486
Non-profit medical and dental indemnity, or hospital service corporations 486‑A
Non-profit corporations operating as health maintenance organizations 487
Exemption from taxation for certain energy systems 487‑A
Exemption from taxation of conservation improvements to certain residential premises 488
Retirement systems 488‑A
Rehabilitation of certain class B multiple dwellings and class A multiple dwellings used for single room occupancy 489
Exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Dec. 27, 2024

§ 467-N’s source at nysenate​.gov

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