|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to local government|
|Jan 09, 2013||referred to local government|
senate Bill S1785
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1785 - Details
- Current Committee:
- Law Section:
- Real Property Tax Law
- Laws Affected:
- Amd §§730 & 733, RPT L
- Versions Introduced in 2011-2012 Legislative Session:
S1785 - Summary
Provides for small claims assessment review in certain instances where the assessment was overvalued at least ten percent.
S1785 - Sponsor Memo
BILL NUMBER:S1785 TITLE OF BILL: An act to amend the real property tax law, in relation to small claims PURPOSE: To require a threshold for petitioners in small claims assessment review procedures must meet. SUMMARY OF PROVISIONS: Section 1. Requires that the petitioner show that there was an overvaluation of at least 10% in their petition for a small claims assessment review. Section 2. If the petitioner shows a 10 percent overvaluation in the petition, but fails to prove the overvaluation the judge does not have to reduce the assessment. JUSTIFICATION: Local governments are expanding resources for small claims assessment review cases in which the overvaluation of the assessment is nominal. Local government are already under enormous fiscal constraints, that expending resources for cases which have no merit is wasteful. Adopting a model like New Jersey, where there is threshold to have the case heard and for an reduction in assessment, would prevent frivolous cases from being filed. This bill will provide mandate relief to local governments by saving them time and resources.
S1785 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1785 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. CARLUCCI -- 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 small claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 730 of the real property tax law, as amended by chapter 552 of the laws of 1991, paragraph (b) as amended by chapter 154 of the laws of 1993, paragraph (c) as amended by chapter 215 of the laws of 2005 and the closing paragraph as added by chapter 114 of the laws of 2012, is amended to read as follows: 1. The chief administrator of the courts shall establish a small claims assessment review program in the supreme court. An owner of real property claiming to be aggrieved by an assessment on real property on the ground that such assessment is unequal or excessive may file a peti- tion for review pursuant to this article provided that: (a) the property owner shall have first filed a complaint 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; (b) the property is: (i) improved by a one, two or three family owner-occupied structure used exclusively for residential purposes other than property subject to the assessment limitations of section five hundred eighty-one of this chapter and article nine-B of the real prop- erty law or (ii) the property is unimproved and is not of sufficient size as determined by the assessing unit or special assessing unit to contain a one, two or three family residential structure; (c) the equalized value of the property does not exceed four hundred fifty thousand dollars or, in the event such equalized value exceeds four hundred fifty thousand dollars, the total assessment reduction EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05320-01-3
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