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Assembly Bill A8607

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 - In Assembly Committee

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2009-A8607 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Add ยง1115, RPT L

2009-A8607 (ACTIVE) - Summary

Permits municipalities 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-A8607 (ACTIVE) - Sponsor Memo

2009-A8607 (ACTIVE) - Bill Text download pdf 

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

                                  8607

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M.  of  A.  ESPAILLAT  --  read once and referred to the
  Committee on Real Property Taxation

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;
  (3) THE OWNER'S MILITARY ACTIVATION LASTED FOR AT LEAST SIX CONTIGUOUS
MONTHS;
  (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.

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