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Assembly Bill A3392C

2011-2012 Legislative Session

Relates to proceedings for challenges to real property assessments

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

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Bill Amendments

2011-A3392 - Details

See Senate Version of this Bill:
S5832
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§718 & 727, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A10423

2011-A3392 - Summary

Relates to proceedings for challenges to real property assessments.

2011-A3392 - Bill Text download pdf

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

                                  3392

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

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

AN ACT to amend the real property tax law, in relation to certain proce-
  dures regarding changes in assessment following litigation

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

  Section  1. Subdivision 2 of section 718 of the real property tax law,
as added by chapter 693 of the laws of 1995 and paragraphs (a)  and  (b)
as  amended  by  chapter  503 of the laws of 1996, is amended to read as
follows:
  2. Where a proceeding is commenced pursuant to this article to  review
the  assessment of a parcel of real property which solely contains prop-
erty which is not subject to the provisions of subdivision one  of  this
section, a note of issue shall be filed in accordance with this subdivi-
sion.
  (a)  Where  a  real property assessment challenge commenced under this
article has been pending for at least [two years] ONE YEAR from the date
of the commencement of the proceeding, [either party] THE RESPONDENT may
demand, by serving a written demand, that the [parties] PETITIONER  file
a written appraisal of the property which is the subject of the proceed-
ing  [and serve same] within [one hundred twenty] NINETY days of service
of such demand. The demand shall be in writing and  served  by  personal
delivery or certified mail, return receipt requested. [Both parties] THE
PETITIONER  shall  thereafter file an appraisal or show good cause as to
why such demand cannot be complied with within such time  period.    THE
COURT,  UPON  THE RECEIPT OF SUCH APPRAISAL, SHALL NOTIFY THE RESPONDENT
OF SUCH RECEIPT. THE RESPONDENT SHALL  THEN  FILE  A  WRITTEN  APPRAISAL
WITHIN NINETY DAYS OR SHOW GOOD CAUSE AS TO WHY SUCH TIMEFRAME CANNOT BE
COMPLIED WITH. Either party may move to dismiss the proceeding by reason
of  the  other  party's failure to prosecute the proceeding and file the
appraisal pursuant to [the demand] THIS PARAGRAPH.    Unless  the  party
shows good cause for failing to file the appraisal, the court may in its
discretion  either  dismiss  or  grant the petition and such order shall
constitute a final adjudication of all issues raised in the proceeding.

              

2011-A3392A - Details

See Senate Version of this Bill:
S5832
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§718 & 727, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A10423

2011-A3392A - Summary

Relates to proceedings for challenges to real property assessments.

2011-A3392A - Bill Text download pdf

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

                                 3392--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

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

AN ACT to amend the real property tax law, in relation to certain proce-
  dures regarding changes in assessment following litigation in the town
  of Rye

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

  Section 1. Section 718 of the real property  tax  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4. THE TOWN OF RYE, AT ANY TIME BETWEEN SIX AND FORTY-TWO MONTHS AFTER
COMMENCEMENT  OF PROCESS, MAY SERVE A NOTICE ON THE PETITIONER DEMANDING
THAT THE PETITIONER FILE A NOTICE OF ISSUE NO LATER THAN SIX MONTHS FROM
THE DATE THAT SERVICE OF SUCH DEMAND IS COMPLETE. SHOULD THE  PETITIONER
FAIL  TO  FILE  NOTICE  OF ISSUE AFTER A DEMAND, THE PROCEEDING SHALL BE
DISMISSED BY THE COURT.
  S 2. Subdivision 1 of section 720 of the  real  property  tax  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  IN  THE  TOWN OF RYE, WESTCHESTER COUNTY, IF THE COURT DETERMINES
THAT THE PETITIONER WAS REQUIRED UNDER LOCAL LAW TO FILE AN  INCOME  AND
EXPENSE  STATEMENT  WITH  THE ASSESSOR ON OR BEFORE A DATE PRESCRIBED BY
SUCH LAW, AND THAT THE PETITIONER UNREASONABLY  FAILED  TO  COMPLY  WITH
THIS  REQUIREMENT, AND THAT THE PARCEL IN QUESTION SOLELY CONTAINS PROP-
ERTY WHICH IS NOT SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF
SECTION  SEVEN  HUNDRED  EIGHTEEN  OF  THIS TITLE, THE PETITION SHALL BE
DISMISSED.
  S 3. Section 727 of the real property tax law is amended by  adding  a
new subdivision 4 to read as follows:
  4.  THE  FOLLOWING PROVISIONS SHALL BE APPLICABLE ONLY WITHIN THE TOWN
OF RYE, WESTCHESTER COUNTY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06830-03-1

              

2011-A3392B - Details

See Senate Version of this Bill:
S5832
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§718 & 727, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A10423

2011-A3392B - Summary

Relates to proceedings for challenges to real property assessments.

2011-A3392B - Bill Text download pdf

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

                                 3392--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Real Property Taxation -- 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 recommitted to said committee

AN ACT to amend the real property tax law, in relation to certain proce-
  dures regarding changes in assessment following litigation in the town
  of Rye

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

  Section 1. Section 718 of the real property  tax  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4. THE TOWN OF RYE, AT ANY TIME BETWEEN SIX AND FORTY-TWO MONTHS AFTER
COMMENCEMENT  OF PROCESS, MAY SERVE A NOTICE ON THE PETITIONER DEMANDING
THAT THE PETITIONER FILE A NOTICE OF ISSUE NO LATER THAN SIX MONTHS FROM
THE DATE THAT SERVICE OF SUCH DEMAND IS COMPLETE. SHOULD THE  PETITIONER
FAIL  TO  FILE  NOTICE  OF ISSUE AFTER A DEMAND, THE PROCEEDING SHALL BE
DISMISSED BY THE COURT.
  S 2. Subdivision 1 of section 720 of the  real  property  tax  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  IN  THE  TOWN OF RYE, WESTCHESTER COUNTY, IF THE COURT DETERMINES
THAT THE PETITIONER WAS REQUIRED UNDER LOCAL LAW TO FILE AN  INCOME  AND
EXPENSE  STATEMENT  WITH  THE ASSESSOR ON OR BEFORE A DATE PRESCRIBED BY
SUCH LAW, AND THAT THE PETITIONER UNREASONABLY  FAILED  TO  COMPLY  WITH
THIS  REQUIREMENT, AND THAT THE PARCEL IN QUESTION SOLELY CONTAINS PROP-
ERTY WHICH IS NOT SUBJECT  TO  THE  PROVISIONS  OF  SUBDIVISION  ONE  OF
SECTION  SEVEN  HUNDRED  EIGHTEEN  OF  THIS TITLE, THE PETITION SHALL BE
DISMISSED.
  S 3. Section 727 of the real property tax law is amended by  adding  a
new subdivision 4 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06830-07-1

              

co-Sponsors

2011-A3392C (ACTIVE) - Details

See Senate Version of this Bill:
S5832
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§718 & 727, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A10423

2011-A3392C (ACTIVE) - Summary

Relates to proceedings for challenges to real property assessments.

2011-A3392C (ACTIVE) - Bill Text download pdf

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

                                 3392--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
  tee on Real Property Taxation -- 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  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT  to  amend the real property tax law, in relation to proceedings
  for challenges to real property assessments

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

  Section  1. Subdivision 2 of section 718 of the real property tax law,
as added by chapter 693 of the laws of 1995, paragraphs (a) and  (b)  as
amended  by  chapter  503  of  the  laws  of 1996, is amended to read as
follows:
  2. Where a proceeding is commenced pursuant to this article to  review
the  assessment of a parcel of real property which solely contains prop-
erty which is not subject to the provisions of subdivision one  of  this
section, a note of issue shall be filed in accordance with this subdivi-
sion.
  (a)  Where  a  real property assessment challenge commenced under this
article has been pending for at least [two years] ONE YEAR from the date
of the commencement of the proceeding, [either party] THE RESPONDENT may
demand, by serving a written demand, that the [parties] PETITIONER  file
a written appraisal of the property which is the subject of the proceed-
ing  [and serve same] within [one hundred twenty] NINETY days of service
of such demand. The demand shall be in writing and  served  by  personal
delivery or certified mail, return receipt requested. [Both parties] THE
PETITIONER  shall  thereafter file an appraisal or show good cause as to
why such demand cannot be complied with within such time  period.    THE
COURT,  UPON  THE RECEIPT OF SUCH APPRAISAL, SHALL NOTIFY THE RESPONDENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06830-08-1
              

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