Assembly Bill A2419

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

                                  2419

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. McENENY, GALEF -- Multi-Sponsored by -- M. of A.
  BRENNAN, CLARK, COLTON -- read once and referred to the  Committee  on
  Real Property Taxation

AN  ACT  to  amend the real property tax law, in relation to installment
  payments of tax increases due to revaluations

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 928-b to read as follows:
  S 928-B. INSTALLMENT  PAYMENTS  OF  TAX  INCREASES;  REVALUATIONS.  1.
GENERALLY.  NOTWITHSTANDING  ANY PROVISION OF LAW TO THE CONTRARY, WHERE
AN ASSESSING UNIT CONDUCTS A REVALUATION OR UPDATE OF ALL ASSESSMENTS IN
THE ASSESSING UNIT, A TAX DISTRICT WHICH LEVIES TAXES BASED  ON  A  ROLL
PREPARED  BY  SUCH AN ASSESSING UNIT PROVIDED THAT THE GOVERNING BODY OF
SUCH TAX DISTRICT HAS ADOPTED  A  LOCAL  LAW,  ORDINANCE  OR  RESOLUTION
PROVIDING  THEREFOR, SHALL DEFER ANY INCREASE IN TAX FOR PROPERTY OWNERS
IN SUCH UNIT OF MORE THAN EITHER TEN, TWENTY,  THIRTY,  FORTY  OR  FIFTY
PERCENT OVER THE TAX LEVIED BY SUCH TAX DISTRICT ON SUCH PROPERTY IN THE
IMMEDIATELY  PRECEDING YEAR WHEN SUCH TAX LEVY IS BASED ON AN ASSESSMENT
ROLL RESULTING FROM SUCH REVALUATION OR UPDATE OF  ASSESSMENTS,  IN  THE
MANNER PROVIDED BY THIS SECTION.
  2.  ELIGIBLE  TAXPAYERS.  INSTALLMENT PAYMENT OF TAX INCREASES OF MORE
THAN EITHER TEN, TWENTY, THIRTY,  FORTY  OR  FIFTY  PERCENT  UNDER  THIS
SECTION  SHALL  BE  ALLOWED  FOR OWNERS WHOSE PROPERTY QUALIFIES FOR THE
EXEMPTION FOR PERSONS SIXTY-FIVE YEARS OF AGE OR OVER AUTHORIZED  PURSU-
ANT  TO SECTION FOUR HUNDRED SIXTY-SEVEN OF THIS CHAPTER. A TAX DISTRICT
MAY PERMIT INSTALLMENT PAYMENT OF SUCH TAX INCREASE FOR ALL OTHER OWNERS
BY PROVIDING THEREFOR IN THE LOCAL LAW, ORDINANCE OR RESOLUTION  ADOPTED
IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION.
  3.  INSTALLMENT  PAYMENTS.  WHEN  AN  INCREASE  IN  TAX IS DEFERRED AS
PROVIDED BY SUBDIVISION ONE OF THIS SECTION, THE REMAINING EITHER  NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00502-01-9
              

A. 2419                             2

TY,  EIGHTY,  SEVENTY,  SIXTY  OR  FIFTY PERCENT OF SUCH INCREASE IN TAX
SHALL BE PAID IN TWO  EQUAL  SUBSEQUENT  ANNUAL  INSTALLMENTS  OF  FIFTY
PERCENT  OF  THE  ADOPTED  DEFERRED  ANNUAL INCREASE. IN ADDITION, TAXES
LEVIED  BY SUCH TAX DISTRICT IN THE NEXT TWO YEARS SHALL BE PERMITTED TO
BE PAID IN ANNUAL INSTALLMENTS IN THE SAME MANNER AS HEREIN DESCRIBED IN
THE FIRST YEAR FOLLOWING A REVALUATION.
  4. INTEREST. AFTER ANY PARTIAL PAYMENT  AUTHORIZED  PURSUANT  TO  THIS
SECTION  HAS BEEN PAID, INTEREST SHALL BE CHARGED AT A RATE SET PURSUANT
TO SECTION NINE HUNDRED TWENTY-FOUR-A OF THIS  TITLE.  NOTHING  IN  THIS
SECTION,  HOWEVER,  SHALL  BE CONSTRUED TO PREVENT ANY OWNER FROM PAYING
THE WHOLE UNPAID BALANCE OF TAX AT ANY TIME WITHOUT FURTHER INTEREST  OR
PENALTY.
  5.  LIENS.  THE ACCEPTANCE OF PARTIAL PAYMENT BY ANY OFFICIAL PURSUANT
TO THIS SECTION SHALL NOT BE DEEMED TO AFFECT ANY LIENS  AND  POWERS  OF
ANY  COUNTY CONFERRED IN ANY GENERAL OR SPECIAL ACT, BUT SUCH RIGHTS AND
POWERS SHALL REMAIN IN FULL FORCE AND EFFECT TO  ENFORCE  COLLECTION  OF
THE  UNPAID  BALANCE  OF  SUCH  TAX OR TAX LIENS TOGETHER WITH INTEREST,
PENALTIES, AND OTHER LAWFUL CHARGES.
  6. EFFECT OF SALE OR TRANSFER OF REAL PROPERTY.  WHERE  THE  OWNER  OF
REAL  PROPERTY  PERMITTED  TO MAKE INSTALLMENT PAYMENTS PURSUANT TO THIS
SECTION SELLS OR TRANSFERS THE PROPERTY TO ANOTHER PERSON OR TO  HIMSELF
OR  HERSELF  AND  ANOTHER  PERSON,  ALL  TAXES DEFERRED PURSUANT TO THIS
SECTION SHALL BE DEEMED DUE AND PAYABLE  IN  FULL  WITH  ANY  APPLICABLE
INTEREST.
  7.  DEFINITION.  FOR  THE  PURPOSES  OF  THIS  SECTION,  THE TERM "TAX
DISTRICT" SHALL MEAN AND INCLUDE A MUNICIPAL CORPORATION  OR  A  SPECIAL
DISTRICT.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to  all
taxes  levied on or after the filing of a final assessment roll prepared
pursuant to a revaluation of all real property in an assessing unit when
such revaluation occurs after the date this act shall have become a law.