S T A T E O F N E W Y O R K
________________________________________________________________________
7705
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
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Introduced by M. of A. P. RIVERA, RAMOS, DIAZ, COLTON, MILLMAN,
J. RIVERA, GREENE, BENEDETTO, MOLINARO, PERALTA, ALFANO, WALKER,
ORTIZ, FINCH, ROBINSON, MAISEL, ESPAILLAT -- Multi-Sponsored by -- M.
of A. COOK, PHEFFER, POWELL, REILLY, N. RIVERA, THIELE -- read once
and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to exempting from the tax on
mortgages, any mortgage which replaces an adjustable rate mortgage
which initially had a rate of interest below the prime rate
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 250 of the tax law is amended by
adding a new paragraph (c) to read as follows:
(C) SUCH TERM SHALL NOT INCLUDE ANY MORTGAGE OR DEED OF TRUST WHICH
IMPOSES A LIEN ON OR AFFECTS THE TITLE TO REAL PROPERTY, WHEN SUCH MORT-
GAGE OR DEED OF TRUST REPLACES A PREVIOUS MORTGAGE OR DEED OF TRUST:
(I) RELATING TO THE SAME PARCEL OF REAL PROPERTY;
(II) WHEN THE OWNERS OF SUCH REAL PROPERTY REMAIN THE SAME; AND
(III) THE MORTGAGE OR DEED OF TRUST, WHICH WAS REPLACED, HAD AN
ADJUSTABLE RATE OF INTEREST THAT WAS INITIALLY BELOW THE PRIME RATE.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02672-01-9