senate Bill S7213

Provides that persons residing in property owned by a limited partnership shall be eligible for small claims assessment review; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO LOCAL GOVERNMENT
  • 16 / May / 2012
    • 1ST REPORT CAL.837
  • 21 / May / 2012
    • 2ND REPORT CAL.
  • 22 / May / 2012
    • ADVANCED TO THIRD READING
  • 23 / May / 2012
    • SUBSTITUTED BY A4982

Summary

Provides that persons residing in property owned by a limited partnership shall be eligible for small claims assessment review.

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Bill Details

See Assembly Version of this Bill:
A4982
Versions:
S7213
Legislative Cycle:
2011-2012
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง730, rpld sub 9, RPT L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A1399, A4912, A7095A, S2528A, A7095A
2007-2008: A10721, A11802, A761, S8108, A10721

Votes

8
0
8
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Local Government committee vote details

Sponsor Memo

BILL NUMBER:S7213

TITLE OF BILL:
An act
to amend the real property tax law, in relation to the eligibility of
persons residing in property owned by a limited partnership to seek
small claims assessment review; and to
repeal subdivision 9 of section 730 of the real property tax
law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:
To allow persons who own their homes
through limited partnerships may qualify for Small Claims Assessment
Review (SCAR) provided in Section 730 of the Real Property Tax Law.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill would amend
subdivision 1 of Section 730 of the Real Property Tax Law by adding a
new closing paragraph to allow persons who own property through
limited partnerships may qualify for SCAR provided that the statutory
requisites articulated in said subdivision have been satisfied. In
addition, it clarifies that property held in trust may qualify for
SCAR so long as the aforementioned statutory requirements have been
met.

JUSTIFICATION:
The purpose of the SCAR process is to allow residential
homeowners the right to use a simplified system to have their real
property assessments reviewed and save the expense and lengthy and
complicated legal procedures of a tax certiorari proceeding. In this
era of complex estate planning, many home owners hold title to their
property through limited partnerships. This bill would recognize that
this form of ownership should not disqualify such home owners from
utilizing the SCAR process so long as the limited partnership that
owns the property does not engage in any commercial activity and was
created solely for estate planning and asset protection purposes.
Furthermore, the home must serve as the primary residence of one of
the partners and the partner or partners who primarily reside thereon
personally pay all of the real property taxes and cost associated
with the property's ownership.

Currently, Section 730 does not specify that limited partnerships do
not qualify for SCAR, However, assessors, hearing officers and the
Office of Court Administration have taken the position that limited
partnerships do not qualify. Recently, the Supreme Court in Nassau
County held that limited partnerships could qualify. By way of
comparison, the qualifications for STAR exemptions have been recently
amended to allow residential home owners who are in this situation to
qualify for STAR. A new section 425 (2) (e) (ii) state that persons
with property owned through limited partnerships may qualify for STAR.

PRIOR LEGISLATIVE HISTORY:
A.7095A and S.2528A of 2009/2010

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately.



view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7213

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in relation to the  eligibil-
  ity  of persons residing in property owned by a limited partnership to
  seek small claims assessment review; and to repeal  subdivision  9  of
  section 730 of the real property tax law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 730 of the real property tax  law
is amended by adding a new closing paragraph to read as follows:
  AN  OWNER  OF REAL PROPERTY WHO QUALIFIES UNDER PARAGRAPHS (A) THROUGH
(D) OF THIS SUBDIVISION SHALL ALSO INCLUDE:
  (I) A PERSON OR PERSONS WHOSE REAL PROPERTY IS HELD  IN  TRUST  SOLELY
FOR  THE BENEFIT OF SUCH PERSON OR PERSONS IF THE PROPERTY SERVES AS THE
PRIMARY RESIDENCE OF SUCH PERSON OR PERSONS AND THE  TRUST  WHICH  HOLDS
TITLE  TO  THE  PROPERTY  WAS  LAWFULLY CREATED TO HOLD TITLE SOLELY FOR
ESTATE PLANNING AND ASSET PROTECTION PURPOSES; AND
  (II) A PERSON OR PERSONS WHO RESIDE IN REAL PROPERTY WHICH IS OWNED BY
A LIMITED PARTNERSHIP IF THE PROPERTY SERVES AS THE PRIMARY RESIDENCE OF
SUCH PERSON OR PERSONS AND SAID LIMITED PARTNERSHIP DOES NOT  ENGAGE  IN
ANY  COMMERCIAL  ACTIVITY, WAS LAWFULLY CREATED TO HOLD TITLE SOLELY FOR
ESTATE PLANNING AND ASSET PROTECTION PURPOSES AND THE PARTNER  OR  PART-
NERS WHO PRIMARILY RESIDE THEREON PERSONALLY PAY ALL OF THE REAL PROPER-
TY TAXES AND OTHER COSTS ASSOCIATED WITH THE PROPERTY'S OWNERSHIP.
  S  2.  Subdivision  9  of  section 730 of the real property tax law is
REPEALED.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06580-01-1

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