Senate Bill S5076

2011-2012 Legislative Session

Authorizes the village of Bronxville to seek judicial review of a small claims assessment review in certain circumstances and providing for the repeal of such provisions upon expiration thereof

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Archive: Last Bill Status - Stricken


  • 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

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Bill Amendments

2011-S5076 - Details

Law Section:
Real Property Tax Law
Laws Affected:
Amd §736, RPT L

2011-S5076 - Summary

Authorizes the village of Bronxville to seek judicial review of a small claims assessment review in certain circumstances; provides for the repeal of such provisions upon expiration thereof.

2011-S5076 - Sponsor Memo

2011-S5076 - Bill Text download pdf

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

                                  5076

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 authorizing  a
  tax  district  or  assessing  unit  to seek judicial review of a small
  claims property assessment review determination

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

  Section  1. Subdivision 2 of section 736 of the real property tax law,
as amended by chapter 531 of the laws of 1982,  is  amended  and  a  new
subdivision 3 is added to read as follows:
  2.  A petitioner, TAX DISTRICT OR ASSESSING UNIT to an action pursuant
to this title may seek judicial review pursuant to article seventy-eight
of the civil practice law and rules provided that such review  shall  be
maintained against the same parties named in the small claims petition.
  3.  A  TAX  DISTRICT  OR  ASSESSING UNIT MAY ONLY SEEK JUDICIAL REVIEW
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE  LAW  AND  RULES
WHEN  (A)  THE BASIS FOR JUDICIAL REVIEW IS AN ISSUE OF LAW IN THE SMALL
CLAIMS DETERMINATION, (B) THE SMALL CLAIMS  DETERMINATION  VIOLATES  THE
PROVISIONS OF THIS TITLE; OR (C) THE SMALL CLAIMS DETERMINATION VIOLATES
THE  PROVISIONS  OF  SECTION  SEVEN HUNDRED THIRTY-FIVE OR SEVEN HUNDRED
THIRTY-NINE OF THIS TITLE BECAUSE SUCH DETERMINATION WILL HAVE PRECEDEN-
TIAL STATUS WITH REGARD TO  OTHER  PROPERTY  ASSESSMENT  REVIEW  ACTIONS
INVOLVING THE TAX DISTRICT OR ASSESSING UNIT.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-01-1


              

2011-S5076A (ACTIVE) - Details

Law Section:
Real Property Tax Law
Laws Affected:
Amd §736, RPT L

2011-S5076A (ACTIVE) - Summary

Authorizes the village of Bronxville to seek judicial review of a small claims assessment review in certain circumstances; provides for the repeal of such provisions upon expiration thereof.

2011-S5076A (ACTIVE) - Sponsor Memo

2011-S5076A (ACTIVE) - Bill Text download pdf

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

                                 5076--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT authorizing the village of Bronxville to seek judicial review  of
  a small claims assessment review in certain circumstances; and provid-
  ing for the repeal of such provisions upon expiration thereof

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

  Section 1. Notwithstanding any law to the  contrary,  the  village  of
Bronxville  within  the  county  of Westchester may seek judicial review
pursuant to article 78 of the civil practice law and rules  of  a  small
claims  assessment review decision made pursuant to title 1-A of article
7 of the real property tax law provided that when such review is  sought
the  village  has conducted a revaluation or update of all real property
within the last four years. Provided further that the village  may  only
seek  review  of  such decision if the equalized value of the property's
challenged assessment exceeds  $450,000  and  the  assessment  reduction
sought  by the petitioner was equal to or greater than 15 percent of the
challenged assessment.
  S 2. This act shall take effect immediately and  apply  to  the  small
claims  assessment  review decisions filed on and after January 1, 2012;
and shall expire and be deemed repealed January 1, 2016.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-02-1


              

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