Senate Bill S4537

2009-2010 Legislative Session

Defines "owner occupied" for the purposes of small claim real property assessment review

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-S4537 (ACTIVE) - Details

See Assembly Version of this Bill:
A8424
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง730, RPT L
Versions Introduced in 2011-2012 Legislative Session:
A2101

2009-S4537 (ACTIVE) - Summary

Defines "owner occupied" for the purposes of small claim real property assessment review.

2009-S4537 (ACTIVE) - Sponsor Memo

2009-S4537 (ACTIVE) - Bill Text download pdf 

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

                                  4537

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in  relation  to  eligibility
  for small claims assessment review

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

  Section 1. Subdivision 9 of section 730 of the real property tax  law,
as  added  by  chapter  363  of  the laws of 2003, is amended to read as
follows:
  9. (A) Where real property is held in trust solely for the benefit  of
a  person  or  persons,  such  person or persons may be deemed to be the
owner or owners of such property for purposes of this title.
  (B) REAL PROPERTY SHALL BE DEEMED TO BE OWNER OCCUPIED FOR PURPOSES OF
THIS TITLE WHENEVER:
  (I) THE REAL PROPERTY IS OCCUPIED BY THE OWNER OF RECORD OR ANY  OTHER
PERSON  WHO  QUALIFIES  AS  AN  OWNER PURSUANT TO THE PROVISIONS OF THIS
SUBDIVISION EITHER ON THE TAXABLE STATUS  DATE,  OR  UPON  THE  DATE  OF
FILING OF A PETITION UNDER THIS TITLE,
  (II)  EITHER THE TRUSTEE OF A TRUST OR THE PERSON OR PERSONS FOR WHOSE
BENEFIT THE TRUST HAS BEEN CREATED OCCUPIES THE REAL PROPERTY,
  (III) THE REAL PROPERTY IS OWNED BY THE ESTATE OF  A  DECEASED  PERSON
WHO OCCUPIED THE REAL PROPERTY PRIOR TO HIS OR HER DEATH, AND WHILE PART
OF SUCH ESTATE IS NOT INCOME PRODUCING, OR
  (IV)  IS  REAL  PROPERTY  OCCUPIED  BY  A LIFE TENANT OF A LIFE ESTATE
CREATED BY DEED OR OTHERWISE.
  (C) FOR THE PURPOSES OF DETERMINING  OWNERSHIP  OF  REAL  PROPERTY  OR
DETERMINING  WHETHER  THE PROPERTY IS OWNER OCCUPIED AS REQUIRED BY THIS
TITLE, A COPY OF A DEED, TRUST INSTRUMENT, LETTERS OF PROBATE  OR  OTHER
SIMILAR  DOCUMENT  ISSUED BY THE SURROGATE COURT, OR A WRITTEN AGREEMENT
OR CONTRACT WHICH DETAILS AN OWNERSHIP INTEREST IN A ONE, TWO  OR  THREE
FAMILY  DWELLING  WHERE THE OWNER CAN OFFER SUBSTANTIAL PROOF THAT HE OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11382-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.