N.Y.
Real Property Tax Law Section 483-B
Historic barns
1.
Historic barns which are reconstructed or rehabilitated shall be exempt from taxation to the extent provided hereinafter. After a public hearing, the governing board of a county, city, town or village may adopt a local law and a school district, other than a school district subject to article fifty-two of the education law, may adopt a resolution to grant the exemption authorized pursuant to this section. A copy of such local law or resolution shall be filed with the commissioner and the assessor of such county, city, town or village who prepares the assessment roll on which the taxes of such county, city, town, village or school district are levied.2.
(a) Such barns shall be exempt for a period of one year to the extent of one hundred per centum of the increase in assessed value thereof attributable to such reconstruction or rehabilitation and for an additional period of nine years subject to the following:(i)
The extent of such exemption shall be decreased by ten per centum 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 subparagraph (ii) of this paragraph.(ii)
In any year in which a change in level of assessment of fifteen percent or more is certified for a final assessment roll pursuant to the rules of the commissioner, 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 receives 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 roll when such certification is received, the assessor shall certify the recomputed exemption to the local officers having custody and control of the roll, and such local officers are hereby directed and authorized to enter the recomputed exemption certified by the assessor on the 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 three of article 5 (Assessment Procedure)article five of this chapter for the correction of clerical errors.(b)
No such exemption shall be granted for reconstruction or rehabilitation unless such reconstruction or rehabilitation was commenced subsequent to the effective date of the local law or resolution adopted pursuant to subdivision one of this section; provided, however, that such local law or resolution may provide that such reconstruction or rehabilitation commenced prior to the effective date of such local law or resolution may qualify for the exemption.(c)
No such exemption shall be granted to an historic barn which is receiving an exemption pursuant to § 483 (Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands)section four hundred eighty-three of this title or which has received an exemption pursuant to that section within ten years of the date of the application for exemption filed pursuant to this section.(d)
No such exemption shall be granted to an historic barn which is used for residential purposes.(e)
No such exemption shall be granted for reconstruction and rehabilitation expenses that materially alter the historic appearance of the barn.3.
Such exemption shall be granted only upon application by the owner of such barn on a form prescribed by the commissioner. The application shall be filed with the assessor of the city, town, village or county having the power to assess property for taxation on or before the appropriate taxable status date of such city, town, village or county.4.
If satisfied that the barn is entitled to an exemption pursuant to this section, the assessor shall approve the application and such barn shall thereafter be exempt from taxation as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in subdivision three of this section. The assessed value of any exemption granted pursuant to this section 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.5.
For the purposes of this section, an historic barn shall mean a certified agricultural structure that was at least partially constructed before nineteen hundred forty-five and that is or was used as an agricultural facility or for purposes related to agriculture; provided, however, that a certified agricultural structure that was constructed after nineteen hundred forty-five may qualify as an historic barn if such structure is determined eligible for listing on the state or national register of historic places or is determined to be a contributing structure of a district listed on the state or national register of historic places. The office of parks, recreation and historic preservation shall establish eligibility guidelines for the certification of agricultural structures as historic barns which shall be eligible for the tax exemption established pursuant to this section.
Source:
Section 483-B — Historic barns, https://www.nysenate.gov/legislation/laws/RPT/483-B (updated Apr. 15, 2022; accessed Oct. 26, 2024).
