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Assembly Bill A9390

Signed By Governor

2011-2012 Legislative Session

Relates to the definition of private transfer fee obligations

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Archive: Last Bill Status - Signed by Governor

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Bill Amendments

2011-A9390 - Details

See Senate Version of this Bill:
S6522
Law Section:
Real Property Law
Laws Affected:
Amd §472, RP L

2011-A9390 - Summary

Relates to the definition of private transfer fee obligations.

2011-A9390 - Bill Text download pdf 

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

                                  9390

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Real Property Taxation

AN ACT to amend the real property law, in  relation  to  definitions  of
  private transfer fee obligations

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

  Section 1. Subdivision 2 of section 472 of the real  property  law  is
amended  by  adding  three  new  paragraphs  (j), (k) and (l) to read as
follows:
  (J) ANY FEE, CHARGE OR ASSESSMENT  PAYABLE  BY  THE  TRANSFEREE  TO  A
CORPORATION OR COMPANY FORMED PURSUANT TO THE PRIVATE HOUSING LAW.
  (K)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
CORPORATION OR COMPANY THAT HAS RECEIVED A LOAN OR SUBSIDY  PURSUANT  TO
THE PRIVATE HOUSING FINANCE LAW OR GENERAL MUNICIPAL LAW.
  (L) ANY AMOUNTS PAYABLE TO A GOVERNMENT ENTITY.
  S 2. Paragraph (g) of subdivision 2 of section 472 of the real proper-
ty  law, as added by chapter 522 of the laws of 2011, is amended to read
as follows:
  (g) Any fee, charge, assessment, fine, or other amount  payable  to  a
homeowners',  condominium, cooperative, mobile home, or property owners'
association pursuant to  a  declaration  [or],  covenant,  DULY  ADOPTED
BY-LAW, PROPRIETARY LEASE or law applicable to such association, includ-
ing, but not limited to, fees or charges payable for estoppel letters or
certificates  issued  by  the  association  or  its authorized agent. No
amount shall be paid to a homeowners', condominium, cooperative,  mobile
home,  or  property owners' association for the payment to the declarant
of the condominium or the creator of a homeowners', cooperative,  mobile
home or property owners' association, or their designee.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14661-01-2

2011-A9390A - Details

See Senate Version of this Bill:
S6522
Law Section:
Real Property Law
Laws Affected:
Amd §472, RP L

2011-A9390A - Summary

Relates to the definition of private transfer fee obligations.

2011-A9390A - Bill Text download pdf 

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

                                 9390--A

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Real Property Taxation -- reference changed to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the real property law, in relation to definitions of
  private transfer fee obligations

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

  Section  1.  Subdivision  2 of section 472 of the real property law is
amended by adding three new paragraphs (j),  (k)  and  (l)  to  read  as
follows:
  (J)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
CORPORATION OR COMPANY FORMED PURSUANT TO THE  PRIVATE  HOUSING  FINANCE
LAW.
  (K)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
CORPORATION OR COMPANY THAT HAS RECEIVED A LOAN OR SUBSIDY  PURSUANT  TO
THE PRIVATE HOUSING FINANCE LAW OR GENERAL MUNICIPAL LAW.
  (L) ANY AMOUNTS PAYABLE TO A GOVERNMENT ENTITY.
  S 2. Paragraph (g) of subdivision 2 of section 472 of the real proper-
ty  law, as added by chapter 522 of the laws of 2011, is amended to read
as follows:
  (g) Any fee, charge, assessment, fine, or other amount  payable  to  a
homeowners',  condominium, cooperative, mobile home, or property owners'
association pursuant to  a  declaration  [or],  covenant,  DULY  ADOPTED
BY-LAW, PROPRIETARY LEASE or law applicable to such association, includ-
ing, but not limited to, fees or charges payable for estoppel letters or
certificates  issued  by  the  association  or  its authorized agent. No
amount shall be paid to a homeowners', condominium, cooperative,  mobile
home,  or  property owners' association for the payment to the declarant
of the condominium or the creator of a homeowners', cooperative,  mobile
home or property owners' association, or their designee.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after September 23, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14661-02-2

2011-A9390B (ACTIVE) - Details

See Senate Version of this Bill:
S6522
Law Section:
Real Property Law
Laws Affected:
Amd §472, RP L

2011-A9390B (ACTIVE) - Summary

Relates to the definition of private transfer fee obligations.

2011-A9390B (ACTIVE) - Bill Text download pdf 

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

                                 9390--B

                          I N  A S S E M B L Y

                            February 24, 2012
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Real Property Taxation -- reference changed to the Committee on
  Judiciary -- committee discharged, bill amended, ordered reprinted  as
  amended  and recommitted to said committee -- again reported from said
  committee with amendments, ordered reprinted as amended and  recommit-
  ted to said committee

AN  ACT  to  amend  the real property law, in relation to definitions of
  private transfer fee obligations

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

  Section  1.  Subdivision  2 of section 472 of the real property law is
amended by adding three new paragraphs (j),  (k)  and  (l)  to  read  as
follows:
  (J)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
CORPORATION OR COMPANY FORMED PURSUANT TO THE  PRIVATE  HOUSING  FINANCE
LAW.
  (K)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
CORPORATION OR COMPANY THAT HAS RECEIVED A LOAN OR SUBSIDY  PURSUANT  TO
THE PRIVATE HOUSING FINANCE LAW OR GENERAL MUNICIPAL LAW.
  (L) ANY AMOUNTS PAYABLE TO A GOVERNMENT ENTITY.
  S 2. Paragraph (g) of subdivision 2 of section 472 of the real proper-
ty  law, as added by chapter 522 of the laws of 2011, is amended to read
as follows:
  (g) Any fee, charge, assessment, fine, or other amount  payable  to  a
homeowners',  condominium, cooperative, mobile home, or property owners'
association pursuant to  a  declaration  [or],  covenant,  DULY  ADOPTED
BY-LAW, PROPRIETARY LEASE or law applicable to such association, includ-
ing, but not limited to, fees or charges payable for estoppel letters or
certificates  issued  by  the  association  or  its authorized agent. No
amount shall be paid to a homeowners', condominium, cooperative,  mobile
home,  or  property owners' association for the payment to the declarant
of the condominium or the creator of a homeowners', cooperative,  mobile
home or property owners' association, or their designee.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14661-04-2

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