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Senate Bill S896

2009-2010 Legislative Session

Allows a small claims proceeding where an aggrieved owner is not timely notified of the results of a properly filed grievance

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

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2009-S896 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง730, RPT L
Versions Introduced in 2011-2012 Legislative Session:
S1905

2009-S896 (ACTIVE) - Summary

Permits an aggrieved real property owner to file a small claims action where he or she is not notified of the results of a grievance properly filed within the time period provided by law, and refunds the $25.00 filing fee in such cases.

2009-S896 (ACTIVE) - Sponsor Memo

2009-S896 (ACTIVE) - Bill Text download pdf 

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

                                   896

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 21, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 the  procedure
  for reviewing small claims in certain cases

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

  Section 1. Section 730 of the real property  tax  law  is  amended  by
adding a new subdivision 10 to read as follows:
  10.  (A)  IN  ANY CASE WHERE A PROPERTY OWNER SHALL HAVE FIRST FILED A
COMPLAINT PURSUANT TO SECTION FIVE HUNDRED TWENTY-FOUR OR SECTION  FOUR-
TEEN  HUNDRED  EIGHT OF THIS CHAPTER OR THE PROVISIONS OF A LOCAL LAW OR
CHARTER PROVIDING FOR ADMINISTRATIVE REVIEW  OF  ASSESSMENTS,  AND  SUCH
OWNER  HAS NOT RECEIVED NOTICE OF THE DETERMINATION WITH RESPECT THERETO
AT LEAST SEVEN BUSINESS DAYS PRIOR TO THE LAST DAY TO FILE THE  PETITION
PROVIDED  FOR  IN SUBDIVISION THREE OF THIS SECTION, SUCH OWNER SHALL BE
ENTITLED TO COMMENCE A PROCEEDING PURSUANT TO THIS TITLE.   IN ANY  SUCH
CASE  THE  TWENTY-FIVE  DOLLAR  FEE PROVIDED FOR IN SUBDIVISION THREE OF
THIS SECTION SHALL BE REFUNDED.
  (B) THE FORM UPON WHICH A COMPLAINT FILED BY A PROPERTY OWNER PURSUANT
TO SECTION FIVE HUNDRED TWENTY-FOUR OR SECTION FOURTEEN HUNDRED EIGHT OF
THIS CHAPTER OR THE PROVISIONS OF A LOCAL LAW OR CHARTER  PROVIDING  FOR
ADMINISTRATIVE  REVIEW OF ASSESSMENTS, SHALL CONTAIN A BRIEF EXPLANATION
OF THE PETITION PROCEDURE PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
petitions  filed against assessment rolls prepared on or after the first
of January next succeeding the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06427-01-9

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