N.Y. Tax Law § 253-D — Recording tax imposed by the city of Yonkers

§ 253-d. Recording tax imposed by the city of Yonkers. 1. The city of\nYonkers, acting through its local legislative body, is hereby authorized\nand empowered to adopt and amend local laws imposing in any such city\nduring the period beginning September first, nineteen hundred\nninety-three and ending August thirty-first, two thousand twenty-seven,\na tax of fifty cents for each one hundred dollars and each remaining\nmajor fraction thereof of principal debt or obligation which is or under\nany contingency may be secured at the date of execution thereof, or at\nany time thereafter, by a mortgage on real property situated within such\ncity and recorded on or after the date upon which such tax takes effect\nand a tax of fifty cents on such mortgage if the principal debt or\nobligation which is or by any contingency may be secured by such\nmortgage is less than one hundred dollars.\n 2. The taxes imposed under the authority of this section shall be\nadministered and collected in the same manner as the taxes imposed under\nsubdivision one of section two hundred fifty-three and paragraph (b) of\nsubdivision one of section two hundred fifty-five of this chapter.\nExcept as otherwise provided in this section, all the provisions of this\narticle relating to or applicable to the administration and collection\nof the taxes imposed by such subdivisions shall apply to the taxes\nimposed under the authority of this section with such modifications as\nmay be necessary to adapt such language to the tax so authorized. Such\nprovisions shall apply with the same force and effect as if those\nprovisions had been set forth in full in this section except to the\nextent that any provision is either inconsistent with a provision of\nthis section or not relevant to the tax authorized by this section. For\npurposes of this section, any reference in this article to the tax or\ntaxes imposed by this article shall be deemed to refer to a tax imposed\npursuant to this section, and any reference to the phrase "within this\nstate" shall be read as "within the city of Yonkers", unless a different\nmeaning is clearly required.\n 3. Where the real property covered by the mortgage subject to the tax\nimposed pursuant to the authority of this section is situated in this\nstate but within and without the city of Yonkers, the amount of such tax\ndue and payable to such city shall be determined in a manner similar to\nthat prescribed in the first paragraph of section two hundred sixty of\nthis chapter which concerns real property situated in two or more\ncounties. Where such property is situated both within such city and\nwithout the state, the amount due and payable to such city shall be\ndetermined in the manner prescribed in the second paragraph of such\nsection two hundred sixty which concerns property situated within and\nwithout the state. Where real property is situated within and without\nsuch city, the recording officer of the jurisdiction in which the\nmortgage is first recorded shall be required to collect the taxes\nimposed pursuant to this section.\n 4. A tax imposed pursuant to the authority of this section shall be in\naddition to the taxes imposed by section two hundred fifty-three.\n 5. Notwithstanding any provision of this article to the contrary, the\nbalance of all moneys paid to the recording officer of the county of\nWestchester during each month upon account of the tax imposed pursuant\nto the authority of this section, after deducting the necessary expenses\nof his office as provided in section two hundred sixty-two of this\nchapter, except taxes paid upon mortgages which under the provisions of\nthis section or section two hundred sixty of this chapter are first to\nbe apportioned by the commissioner, shall be paid over by such officer\non or before the tenth day of each succeeding month to the county\ntreasurer of Westchester county and, after the deduction by such county\ntreasurer of the necessary expenses of his or her office provided in\nsection two hundred sixty-two of this chapter shall be deposited in the\ngeneral fund of the city of Yonkers for expenditure on city purposes.\n 6. Any local law imposing a tax pursuant to the authority of this\nsection or repealing or suspending such a tax shall take effect only on\nthe first day of a calendar month. Such a local law shall not be\neffective unless a certified copy thereof is mailed by registered or\ncertified mail to the commissioner at the commissioner's office in\nAlbany at least thirty days prior to the date the local law shall take\neffect.\n 7. Certified copies of any local law described in this section shall\nalso be filed with the county clerk, the secretary of state and the\nstate comptroller within five days after the date it is duly enacted.\n