Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 |
referred to local government |
Apr 04, 2011 |
referred to local government |
Senate Bill S4386
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2011-S4386 (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Real Property Tax Law
- Laws Affected:
- Amd §524, RPT L
- Versions Introduced in 2009-2010 Legislative Session:
-
S6109
2011-S4386 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4386 TITLE OF BILL: An act to amend the real property tax law, in relation to complaints filed with the board of assessment review PURPOSE OR GENERAL IDEA OF BILL: To help ensure that property is in compliance with local zoning ordinances when a homeowner commences an action to challenge the property's assessment before the board of assessment review. SUMMARY OF PROVISIONS: Section One amends section 524, subdivision 3 of the real property tax law to require a homeowner to be in compliance with local zoning ordinances as a prerequisite to the right to commence an action to challenge the property's assessment before the board of assessment review. Section Two is the effective date. JUSTIFICATION: When structures violate zoning ordinances, the quality of life is lowered in the community, the values of area homes are reduced and thus, the local property tax bases is reduced as well which ultimately results in less funding for local governments. This legislation seeks to halt this domino effect by facing the problem of
2011-S4386 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4386 2011-2012 Regular Sessions I N S E N A T E April 4, 2011 ___________ Introduced by Sen. ZELDIN -- 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 complaints filed with the board of assessment review THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 524 of the real property tax law, as amended by chapter 541 of the laws of 1996 and as further amended by section 1 of part W of chapter 56 of the laws of 2010, is amended to read as follows: 3. Notwithstanding the provisions of section five hundred twenty-eight of this title, and except in cities with a population of five million or more, a complaint with respect to an assessment shall be on a form prescribed by the commissioner and shall consist of a statement specify- ing the respect in which the assessment is excessive, unequal or unlaw- ful, or the respect in which real property is misclassified, and the reduction in assessed valuation or taxable assessed valuation or change in class designation or allocation of assessed valuation sought. Such statement shall also contain an estimate of the value of the real prop- erty. Such statement must be made by the person whose property is assessed, or by some person authorized in writing by the complainant or his OR HER officer or agent to make such statement who has knowledge of the facts stated therein. Such written authorization must be made a part of such statement and bear a date within the same calendar year during which the complaint is filed. WHERE SUCH PROPERTY IS A ONE, TWO OR THREE FAMILY OWNER OCCUPIED STRUCTURE, SUCH STATEMENT SHALL ALSO CONTAIN AN AFFIRMATIVE DECLARATION BY THE PERSON WHOSE PROPERTY IS ASSESSED THAT SUCH PROPERTY IS A ONE, TWO OR THREE FAMILY OWNER OCCUPIED STRUCTURE WHICH IS CURRENTLY IN COMPLIANCE WITH THE CERTIFICATE OF OCCUPANCY ISSUED FOR THAT STRUCTURE, IF ONE HAS BEEN ISSUED, AND THE STRUCTURE DOES NOT SUBSTANTIALLY VIOLATE ANY ZONING ORDINANCE AS DEFINED BY LOCAL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10542-01-1
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