Senate Bill S4025

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

                                 4025--C
    Cal. No. 329

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 7, 2009
                               ___________

Introduced  by  Sens.  FOLEY,  C. JOHNSON,  MONSERRATE -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Veterans, Homeland Security and Military Affairs -- reported favorably
  from  said  committee,  ordered to first and second report, amended on
  second report, ordered to a third reading,  and  to  be  reprinted  as
  amended,  retaining  its  place in the order of third reading -- again
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third reading

AN ACT to amend the real property tax law, in relation to redemption  of
  certain  property owned by persons deployed by the United States mili-
  tary

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

  Section  1.   This act shall be known and may be cited as the "veteran
home redemption relief act".
  S 2. The real property tax law is amended by adding a new section 1115
to read as follows:
  S 1115. WAIVER OF INTEREST, PENALTIES  AND  FEES  FOR  REDEMPTION  FOR
CERTAIN PERSONS DEPLOYED BY THE MILITARY.  A COUNTY, CITY, TOWN, VILLAGE
OR  OTHER  TAXING  ENTITY MAY BY LAW, ORDINANCE OR REGULATION OF GENERAL
APPLICABILITY PERMIT THE FORMER OWNER OR THE SURVIVING SPOUSE OR  DOMES-
TIC  PARTNER  OF  THE FORMER OWNER OF RESIDENTIAL REAL ESTATE FORECLOSED
WITHIN THE PRECEDING THREE YEARS TO  REDEEM  SUCH  REAL  ESTATE  WITHOUT
INTEREST,  PENALTIES AND FEES OWED TO SUCH GOVERNMENTAL ENTITY, PROVIDED
THAT:
  (1) THE PROPERTY WAS THE FORMER OWNER'S PRINCIPAL PLACE OF RESIDENCE;
  (2) THE FORECLOSURE WAS A  RESULT  OF  FINANCIAL  HARDSHIP  CAUSED  IN
SUBSTANTIAL  PART  BY THE OWNER'S HAVING BEEN ORDERED TO ACTIVE MILITARY
DUTY IN THE UNITED STATES ARMED FORCES INCLUDING THE RESERVE  COMPONENTS
OF SUCH ARMED FORCES;

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

                                                           LBD10415-11-9

S. 4025--C                          2

  (3) THE OWNER'S MILITARY ACTIVATION LASTED FOR AT LEAST SIX CONTIGUOUS
MONTHS, OR THE OWNER WAS KILLED IN ACTION DURING SUCH ACTIVATION;
  (4)  THE  TITLE  TO  THE PROPERTY HAS NOT BEEN ACQUIRED BY A BONA FIDE
PURCHASER WHO WILL USE IT FOR HIS OR HER OWN PRIMARY RESIDENCE; AND
  (5) THE FORMER OWNER PROVIDES SATISFACTORY  WRITTEN  EVIDENCE  OF  THE
REQUIREMENTS  SET  FORTH IN THIS SECTION TO THE CHIEF ELECTED OFFICER OF
SUCH COUNTY, CITY, TOWN, VILLAGE OR TAXING ENTITY, OR THEIR DESIGNEE, OR
ANY OTHER OFFICIAL THAT MAY BE DESIGNATED  BY  SUCH  LAW,  ORDINANCE  OR
REGULATION.
  S 3. This act shall take effect immediately.