Change of Tentative Assessments Pursuant to Section 1512 of the Charter

RCNY tit. 19, ch. 37

in effect

19 RCNY § 37-01 Scope of Rules.

§ 37-01 Scope of Rules. The books of the annual record of assessed valuation of real property containing the tentative assessed valuation of real property for the succeeding fiscal year are open to the public during a period beginning January 15th and ending March 1st of each year, except that for property defined as class one property pursuant to § 1802 of the Real Property Tax Law, the books are open to the public beginning January 15th and ending March 15th of each year. Section 1512 of the Charter provides that during the period in which the books of the annual record of the assessed valuation of real property are open for public inspection, the Commissioner of Finance may correct the assessment roll by adding property that had been omitted or by increasing or decreasing the assessed valuation of property. An additional period ending May 10th is provided for changes for non-residential real property. These proposed rules provide guidelines for property owner requests for Department of Finance review of the tentative assessed valuation of real property. A request for such review filed with the Department of Finance pursuant to these rules shall not: (a) affect a property owner's right to apply for a correction of tentative assessed valuation with the New York City Tax Commission. (b) affect any deadline for such application with the Tax Commission, or (c) satisfy the requirement that a property owner have filed a timely application for correction with the Tax Commission in order to obtain subsequent judicial review of an assessed valuation.

19 RCNY § 37-02 Definitions.

§ 37-02 Definitions. When used in these rules: Commissioner. "Commissioner" shall mean the Commissioner of Finance of the City of New York. Department. "Department" shall mean the New York City Department of Finance. Equalization. "Equalization" shall mean the process by which the Commissioner of Finance fixes the valuations of property throughout the City of New York for purposes of taxation in such amounts as will, in the Commissioner's judgment, establish a just and equal relation between the valuations of property in each borough and throughout the entire City. Property Division. "Property Division" shall mean the division of the New York City Department of Finance that is responsible for the assessment of real property in the City of New York. Residential real property. "Residential real property" shall include all real property defined as class one or class two property pursuant to § 1802 of the Real Property Tax Law. Tentative assessed valuation. "Tentative assessed valuation" shall mean the valuation of real property by the Department of Finance for purposes of taxation of real property in the City of New York that appears on the books of the annual record of assessed valuation during the period in which such books are open for public inspection pursuant to Section 1510 of the Charter and which shall be applicable to the succeeding fiscal year.

19 RCNY § 37-03 Delegation of Authority.

§ 37-03 Delegation of Authority. The Commissioner may delegate any powers pursuant to these rules to another employee of the Department.

19 RCNY § 37-04 Additions and Changes to the Annual Record of Assessed Valuation – Generally.

§ 37-04 Additions and Changes to the Annual Record of Assessed Valuation – Generally. During the period beginning January 15th of each year and ending as provided herein, the Commissioner may add real property to the assessment roll or increase or decrease the assessed valuation of any real property as in the Commissioner's judgment may be just or necessary for the equalization of taxes. For real property defined as class one property pursuant to § 1802 of the Real Property Tax Law, such changes must be made no later than March 15th of each year. For real property defined as class two property, such changes must be made no later than March 1st of each year. For real property other than residential real property, the Commissioner may make such additions or increases or decreases during an additional period ending the tenth day of May of each year.

19 RCNY § 37-05 Changes Initiated by the Department.

§ 37-05 Changes Initiated by the Department. In addition to any other power to correct errors vested in the Commissioner by law, during the period provided in 19 RCNY § 37-04, the Department may make changes on its own initiative in response to recently acquired sales information, demolitions that were overlooked, imputing errors, apportionments and mergers, clerical errors, granting and restoring of exemptions and any other factors that the Commissioner deems appropriate for purposes of equalization.

19 RCNY § 37-06 Changes Initiated by Property Owners.

§ 37-06 Changes Initiated by Property Owners. (a) During the period beginning January 15th and ending March 15th of each year, an owner of real property defined as class one property pursuant to § 1802 of the Real Property Tax Law may apply to the Department for review of the tentative assessed valuation or taxation of such property for the succeeding fiscal year. (b) During the period beginning January 15th and ending March 1st of each year, an owner of real property defined as class two property pursuant to § 1802 of the Real Property Tax Law may apply to the Department for review of the tentative assessed valuation or taxation of such property for the succeeding fiscal year. (c) During the period beginning January 15th and ending April 1st of each year, an owner of non-residential real property may apply to the Department for review of the tentative assessed valuation or taxation of such property for the succeeding fiscal year. (d) (1) Any request for review pursuant to this section must be filed with the Property Division and received by the Property Division on or before the applicable deadline provided in this section. (2) Any such request must be made on a form and in a manner prescribed by the Commissioner and include any information the Department deems necessary for the evaluation of the request. (e) The Property Division may correct any tentative assessed valuation or taxation of real property that is the result of a review conducted pursuant to this section if such assessed valuation or taxation is erroneous due to: (1) an error in the valuation of such property; (2) a clerical error that is purely ministerial in nature; or (3) an error of description of a property that is: (i) purely ministerial in nature; or (ii) the result of a mistaken conclusion of fact that can be unambiguously resolved by reference to documents or information created by a City agency as of the taxable status date of the applicable tax year. (e-1) For the purposes of paragraphs (2) and (3) of subdivision (e) of this section, the Property Division will not correct any error that is a result of a discretionary act or an act based in whole or in part on an individual’s judgment. (e-2) For the purposes of subdivision (e) of this section, the Property Division will not correct any error that is a result of an interpretation of law, regulation or policy. (f) All information presented by the property owner pursuant to this section will be part of the public file under 19 RCNY § 37-09 of these rules except information submitted pursuant to the requirements of § 11-208.1 of the Administrative Code of the City of New York relating to the filing of income and expense statements. (g) The Department will deny any request for review that relates to property for which an income and expense statement was required pursuant to § 11-208.1 of the Administrative Code but was not timely filed in the calendar year immediately preceding the date of the request. (Amended City Record 12/23/2024, eff. 1/5/2025)

19 RCNY § 37-07 Notice.

§ 37-07 Notice. (a) No increase in assessed valuation will be made pursuant to Section 1512 of the Charter and 19 RCNY §§ 37-04, 37-05 or 37-06 unless the owner of the affected real property or the agent of the owner is given 10 days written notice, which shall be addressed to the last known address of such owner or agent as indicated on the records in the Office of the City Collector. Such notice will contain the prior assessed valuation and the tentative assessed valuation of the property and the locations of the borough offices of the Property Division. (b) Where no name of the owner or agent of the owner of the affected real property appears on the records in the Office of the City Collector, the notice pursuant to this section will be sent to the premises addressed to the owner or agent. (c) An affidavit of the mailing of notice pursuant to this section will be filed in the main office of the Property Division. (d) For purposes of this section, the "agent of the owner" shall be the party, if any, designated on an owner's registration card filed with the Office of the City Collector by the owner of real property as the party to whom real estate tax bills are to be mailed.

19 RCNY § 37-08 List of Changes in Assessments Made by the Department.

§ 37-08 List of Changes in Assessments Made by the Department. So that the public will be informed of the results of the changes in assessed valuation of real property pursuant to 19 RCNY §§ 37-04, 37-05 and 37-06, the Department will maintain a list of all such changes made and will make the list available for public inspection in the borough offices and the central office of the Property Division.

19 RCNY § 37-09 Public File.

§ 37-09 Public File. (a) The Property Division will maintain a public file for each property for which a request for review was made by the owner or on which any action was taken by the Department pursuant to these rules. Such file will be located at the central office of the Property Division and will contain: (1) written records relating to any change in assessment made by the Department on its own initiative pursuant to 19 RCNY § 37-05 which shall provide the reasons for such change; (2) any request for review filed with the Department by a property owner pursuant to 19 RCNY § 37-06, together with any supporting documentation submitted by the owner except as provided in subdivision (f) of 19 RCNY § 37-06; and (3) if a property owner meets with members of the Property Division pursuant to subdivision (e) of 19 RCNY § 37-06, a standardized form to be completed by the Property Division which shall contain the names of those persons in attendance at the conference and the substance of the meeting. (b) Any document contained in the public file pursuant to this section will be redacted if necessary to delete any material that may not be legally disclosed.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-40646Fetched: 10/24/2026