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What is NYC AC § 11-225?

Quick Answer

This section grants the tax commission the authority to remit or reduce real property taxes when lawful cause is demonstrated or if the tax is deemed excessive or erroneous. The statute outlines conditions under which such actions can be taken, including the necessity of an application for correction. Applies to property owners seeking tax relief from erroneous assessments.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-225 Power of tax commission to remit or reduce taxes.

AC § 11-225

The tax commission shall have power to remit or reduce a tax imposed upon real property where lawful cause therefor is shown or where such tax is found to be excessive or otherwise erroneous, but such remission or reduction shall be made only with respect to an assessment for which an application for correction has been made pursuant to section one hundred sixty-three of the charter, and no such remission or reduction shall be made when a claim to correct the assessment or recover the tax would be barred by passage of time or other adequate defense, or when, at the time that the determination is rendered, applications for correction or other proceedings are pending to review the assessment of such property for more than one subsequent fiscal year. Notwithstanding the foregoing provisions of this section, the tax commission shall have no power to remit or reduce a tax pursuant to this section more than five years after the last day on which an application for correction could have been filed to appeal the unlawful or erroneous assessment upon which such tax was based. If such tax shall have been paid the commissioner of finance is authorized to refund or credit the amount of any such remission or reduction granted pursuant to this section. When the correction results from an application for correction made by the board of managers of a condominium, a refund may be paid to the board of managers for distribution to the individual unit owners with the consent of such board and on such conditions as the commissioner deems appropriate.

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