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Senate Bill S5564

Signed By Governor

2009-2010 Legislative Session

Relates to the redemption of tax foreclosed real property by certain military members

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Archive: Last Bill Status Via A7227 - Signed by Governor

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Bill Amendments

2009-S5564 - Details

Laws Affected:
Amd §49, Chap 311 of 1920

2009-S5564 - Summary

Permits Suffolk county to allow the redemption of tax foreclosed real property by certain military members where such owner was deployed overseas and such foreclosure was the result of financial hardship due to such deployment.

2009-S5564 - Sponsor Memo

2009-S5564 - Bill Text download pdf 

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

                                  5564

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend chapter 311  of  the  laws  of  1920,  constituting  the
  Suffolk  county tax act, in relation to redemption of certain property
  owned by persons deployed by the United States military

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

  Section 1. Section 49 of chapter 311 of the laws of 1920, constituting
the  Suffolk county tax act, is amended by adding a new subdivision c to
read as follows:
  C. WAIVER OF INTEREST, PENALTIES AND FEES FOR REDEMPTION  FOR  CERTAIN
PERSONS  DEPLOYED  BY  THE  MILITARY.  THE  APPLICABLE GOVERNING BODY OR
DEPARTMENT, UPON APPROVAL BY THE SUFFOLK COUNTY LEGISLATURE, IN ITS SOLE
DISCRETION, MAY PERMIT AN OWNER OR  THE  OWNER'S  SURVIVING  UNREMARRIED
SPOUSE  OF FORECLOSED RESIDENTIAL REAL ESTATE TO REDEEM SUCH REAL ESTATE
WITHOUT INTEREST, PENALTIES AND FEES PROVIDED THAT:
  (1) THE PROPERTY IS THE OWNER'S PRIMARY PLACE OF RESIDENCE; AND
  (2) THE OWNER DEMONSTRATES THAT FORECLOSURE OCCURRED AFTER OCTOBER  7,
2001; AND
  (3)  THE FORECLOSURE WAS A RESULT OF FINANCIAL HARDSHIP CONSTITUTING A
SUBSTANTIAL LOSS OF INCOME BY THE OWNER DUE TO BEING ORDERED  TO  ACTIVE
MILITARY  DUTY,  OTHER  THAN TRAINING, IN THE UNITED STATES ARMED FORCES
INCLUDING THE RESERVE COMPONENTS OF  THE  ARMED  FORCES  OF  THE  UNITED
STATES; AND
  (4) THE ACTIVATION LASTED FOR AT LEAST SIX CONTIGUOUS MONTHS; AND
  (5) THE OWNER PROVIDES ACCEPTABLE WRITTEN EVIDENCE OF THE REQUIREMENTS
SET  FORTH  IN THIS SUBDIVISION TO THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENT AND ENERGY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10415-03-9

2009-S5564A (ACTIVE) - Details

Laws Affected:
Amd §49, Chap 311 of 1920

2009-S5564A (ACTIVE) - Summary

Permits Suffolk county to allow the redemption of tax foreclosed real property by certain military members where such owner was deployed overseas and such foreclosure was the result of financial hardship due to such deployment.

2009-S5564A (ACTIVE) - Sponsor Memo

2009-S5564A (ACTIVE) - Bill Text download pdf 

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

                                 5564--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the Suffolk county tax act, 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. Section 49 of chapter 311 of the laws of 1920, constituting
the Suffolk county tax act, is amended by adding a new subdivision c  to
read as follows:
  C.  WAIVER  OF INTEREST, PENALTIES AND FEES FOR REDEMPTION FOR CERTAIN
PERSONS DEPLOYED BY THE  MILITARY.  THE  APPLICABLE  GOVERNING  BODY  OR
DEPARTMENT, UPON APPROVAL BY THE SUFFOLK COUNTY LEGISLATURE, IN ITS SOLE
DISCRETION,  MAY  PERMIT  AN  OWNER OR THE OWNER'S SURVIVING UNREMARRIED
SPOUSE OF FORECLOSED RESIDENTIAL REAL ESTATE TO REDEEM SUCH REAL  ESTATE
WITHOUT INTEREST, PENALTIES AND FEES PROVIDED THAT:
  (1) THE PROPERTY IS THE OWNER'S PRIMARY PLACE OF RESIDENCE; AND
  (2)  THE OWNER DEMONSTRATES THAT FORECLOSURE OCCURRED AFTER OCTOBER 7,
2001; AND
  (3) THE FORECLOSURE WAS A RESULT OF FINANCIAL HARDSHIP CONSTITUTING  A
SUBSTANTIAL  LOSS  OF INCOME BY THE OWNER DUE TO BEING ORDERED TO ACTIVE
MILITARY DUTY, OTHER THAN TRAINING, IN THE UNITED  STATES  ARMED  FORCES
INCLUDING  THE  RESERVE  COMPONENTS  OF  THE  ARMED FORCES OF THE UNITED
STATES; AND
  (4) THE ACTIVATION LASTED FOR AT LEAST SIX CONTIGUOUS MONTHS,  OR  THE
OWNER WAS KILLED IN ACTION DURING SUCH ACTIVATION; AND
  (5) THE OWNER PROVIDES ACCEPTABLE WRITTEN EVIDENCE OF THE REQUIREMENTS
SET  FORTH  IN THIS SUBDIVISION TO THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENT AND ENERGY.
  S 2. This act shall take effect immediately.

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

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