Senate Bill S5460

2013-2014 Legislative Session

Creates the local government school property tax recovery act

download bill text pdf

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to local government
Jun 21, 2013	committed to rules
Jun 10, 2013	advanced to third reading
Jun 05, 2013	2nd report cal.
Jun 04, 2013	1st report cal.1076
May 16, 2013	referred to local government

Votes

- Jun 4, 2013 - Local Government Committee Vote
  S5460
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Local Government Committee Vote: Jun 4, 2013
      
      aye (8)
      
      Ball
      
      Boyle
      
      Gipson
      
      Latimer
      
      Martins
      
      O'Brien
      
      Ritchie
      
      Valesky
      
      aye wr (1)
      
      Marchione

2013-S5460 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Amd §268, Town L; add §7-714-a, Vil L; amd §382, Exec L; add Art 13-C §1360, CPLR

2013-S5460 (ACTIVE) - Summary

Creates the local government school property tax recovery act.

2013-S5460 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5460

TITLE OF BILL:  An act to amend the town law, the village law, the
executive law and the civil practice law and rules, in relation to
creating the local government school property tax recovery act

PURPOSE:

This bill would authorize a town, village, school district or private
party to recover for a school district, as the result of an
unauthorized conversion of a one family residence into a two family
residence or multiple family residence, or of a two family residence
into a multiple family residence, the amount equal to the cost that
the public school district in which the residence is located, expends
annually to educate the average child in such school district, reduced
by the amount of federal and state aid such school district receives
for each such child, and a ten percent administration recovery fee.

SUMMARY OF SPECIFIC PROVISIONS:

Specifically, this bill would provide the following:

*Authorize the Act to be and cited as the Local Government School
Property Tax Recovery Act.
*Add a new subdivision three to section 268 of the town law, and a new
section 7-717-a of the village law, to provide that the town board or

the proper local authorities of the village, may provide by local law
or ordinance for the enforcement of their planning and zoning
ordinances, and for any offence that occurred, when a property owner
authorizes or permits a use of their property to result in an
unapproved conversion of a single family residence to a two family
residence or a multiple family residence, or in an unapproved
conversion of a two family residence to a multiple family, with such
offense punishable by a fine of a real property school tax expense for
each school age child that resides in the unapproved, converted
residence.
*Add a new subdivision four to section 382 of the executive law, to
provide that whenever a determination is made that a building is in
violation of the uniform fire prevention and building code, as the
result of a property owner authorizing or permitting a use of their
property to result of a property owner authorizing or permitting a use
of their property to result in an unapproved conversion of a single
family residence to a two family residence or a multiple family
residence, or in an unapproved conversion of a two family residence to
a multiple family, then every local government shall be eligible to
collect a fine of a real property school tax expense for each school
age child that resides in the unapproved, converted residence.
*Provide that for purposes of section 268 of the town law, section
7-717-a of the village law, and section 382 of the executive law, the
amount of the real property school tax expense would be equal to that
amount of cost that the public school district in which the residence
is located, expends annually to educate the average child in such
school district, reduced by the amount of federal and state aid such
school district receives for each such child. In the event a local
government collects a fine pursuant to these sections, such local
government must forward the dollar amount of the fine so collected,
less a ten percent administrative tee, to the such public school


district for the purposes of reducing the real property tax burden of
the property owners of such public school district. In the event that
the local government elects not to pursue such a fine, the public
school district in which the residence is located, or any certified
property owner, may bring an action for recovery of the real property
school tax expense, pursuant to section 1360 of the civil practice law
and rules.
*Add section 1360 to the civil practice law and rules, to authorize
private actions for school property lax recovery, whereby the public
school district in which the residence is located, or any certified
property owner, may bring an action for recovery of the real property
school tax expense, in the event a local government elects not to
pursue a fine pursuant to section 268 of the town law, section 7-717-a
of the village law, or section 382 of the executive law. An action
brought under this section must be commenced by means of a petition,
within two years, in the Supreme Court or County Court in which the
violating property is located. In order for a real property owner to
bring an action pursuant to this section, such petitioner must receive
a certification from the local government, signed by the town attorney
or village attorney of such local government. Any recovery awarded
pursuant to this section must be paid by the respondent into the
court, whereupon the court must provide the school district with the
amount of the real property school tax expense, less ten percent, and
award the petitioner with the ten percent, together with reasonable
costs, disbursements and attorneys fees.

JUSTIFICATION:

This bill would provide a remedy to school districts that are seeing
their expenses increase due to violations of zoning and planning or
building codes, where single or two family homes are unlawfully
converted. When such conversions occur, local governments and school
districts must still provide services, but do not have the incumbent
real property tax receipts to produce the revenue necessary to provide
such municipal or educational services.

Accordingly, this bill would allow such revenues to be recouped from
the violating property owner who authorizes or permits their property
to be so unlawfully converted. As a result it would provide localities
and school districts with needed revenue from people who break the
law, and provide a strong deterrence to those who might think to
violate the law in the first place.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

This bill would produce revenue for school districts and localities

EFFECTIVE DATE:

This act would take effect on the 180th day.

2013-S5460 (ACTIVE) - Bill Text download pdf

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

                                  5460

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law, the village law, the executive law and the
  civil practice law and  rules,  in  relation  to  creating  the  local
  government school property tax recovery act

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

  Section 1. This act shall be known and may  be  cited  as  the  "local
government school property tax recovery act".
  S  2.  Section 268 of the town law is amended by adding a new subdivi-
sion 3 to read as follows:
  3. IN ADDITION TO THE PROVISIONS OF SUBDIVISIONS ONE AND TWO  OF  THIS
SECTION,  THE  TOWN  BOARD MAY PROVIDE BY LOCAL LAW OR ORDINANCE FOR THE
ENFORCEMENT OF THIS ARTICLE, AND FOR ANY OFFENSE THAT OCCURRED,  WHEN  A
PROPERTY  OWNER  AUTHORIZES OR PERMITS A USE OF THEIR PROPERTY TO RESULT
IN AN UNAPPROVED CONVERSION OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY
OR TO A MULTIPLE FAMILY RESIDENCE, OR IN AN UNAPPROVED CONVERSION  OF  A
TWO  FAMILY  RESIDENCE TO A MULTIPLE FAMILY RESIDENCE, WITH SUCH OFFENSE
PUNISHABLE BY A FINE OF A REAL PROPERTY  SCHOOL  TAX  EXPENSE  FOR  EACH
SCHOOL  AGE  CHILD  THAT RESIDES IN THE UNAPPROVED, CONVERTED RESIDENCE.
FOR PURPOSES OF THIS SUBDIVISION, THE AMOUNT OF THE REAL PROPERTY SCHOOL
TAX EXPENSE SHALL BE EQUAL TO THAT AMOUNT OF COST THAT THE PUBLIC SCHOOL
DISTRICT IN WHICH THE RESIDENCE IS LOCATED, EXPENDS ANNUALLY TO  EDUCATE
THE  AVERAGE  CHILD  IN  SUCH  SCHOOL DISTRICT, REDUCED BY THE AMOUNT OF
FEDERAL AND STATE AID SUCH SCHOOL DISTRICT RECEIVES FOR EACH SUCH CHILD.
IN THE EVENT A TOWN COLLECTS A FINE PURSUANT TO  THIS  SUBDIVISION,  THE
TOWN  SHALL  FORWARD  THE DOLLAR AMOUNT OF THE FINE SO COLLECTED, LESS A
TEN PERCENT ADMINISTRATIVE FEE, TO THE PUBLIC SCHOOL DISTRICT  IN  WHICH
THE  RESIDENCE IS LOCATED FOR THE PURPOSES OF REDUCING THE REAL PROPERTY
TAX BURDEN OF THE PROPERTY OWNERS OF SUCH PUBLIC SCHOOL DISTRICT. IN THE
EVENT THAT A TOWN ELECTS NOT TO PURSUE A FINE  UNDER  THIS  SUBDIVISION,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10846-02-3

S. 5460                             2

THE  PUBLIC  SCHOOL  DISTRICT  IN WHICH THE RESIDENCE IS LOCATED, OR ANY
CERTIFIED PROPERTY OWNER, MAY BRING AN ACTION FOR RECOVERY OF  THE  REAL
PROPERTY  SCHOOL TAX EXPENSE, PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY
OF THE CIVIL PRACTICE LAW AND RULES.
  S  3.  The  village  law is amended by adding a new section 7-714-a to
read as follows:
  S 7-714-A. IN ADDITION TO THE PROVISIONS  OF  SECTION  7-714  OF  THIS
ARTICLE,  THE  PROPER  LOCAL  AUTHORITIES  OF THE VILLAGE MAY PROVIDE BY
LOCAL LAW OR ORDINANCE FOR THE ENFORCEMENT OF THIS ARTICLE, AND FOR  ANY
OFFENSE THAT OCCURRED, WHEN A PROPERTY OWNER AUTHORIZES OR PERMITS A USE
OF  THEIR  PROPERTY  TO  RESULT  IN AN UNAPPROVED CONVERSION OF A SINGLE
FAMILY RESIDENCE TO A TWO FAMILY OR TO A MULTIPLE FAMILY  RESIDENCE,  OR
IN  AN  UNAPPROVED  CONVERSION  OF  A TWO FAMILY RESIDENCE TO A MULTIPLE
FAMILY RESIDENCE, WITH SUCH OFFENSE PUNISHABLE BY A FINE OF A REAL PROP-
ERTY SCHOOL TAX EXPENSE FOR EACH SCHOOL AGE CHILD THAT  RESIDES  IN  THE
UNAPPROVED,  CONVERTED  RESIDENCE.  FOR  PURPOSES  OF  THIS SECTION, THE
AMOUNT OF THE REAL PROPERTY SCHOOL TAX EXPENSE SHALL BE  EQUAL  TO  THAT
AMOUNT OF COST THAT THE PUBLIC SCHOOL DISTRICT IN WHICH THE RESIDENCE IS
LOCATED,  EXPENDS  ANNUALLY  TO EDUCATE THE AVERAGE CHILD IN SUCH SCHOOL
DISTRICT, REDUCED BY THE AMOUNT OF FEDERAL AND  STATE  AID  SUCH  SCHOOL
DISTRICT RECEIVES FOR EACH SUCH CHILD. IN THE EVENT A VILLAGE COLLECTS A
FINE  PURSUANT  TO  THIS  SECTION,  THE VILLAGE SHALL FORWARD THE DOLLAR
AMOUNT OF THE FINE SO COLLECTED, LESS A TEN PERCENT ADMINISTRATIVE  FEE,
TO  THE PUBLIC SCHOOL DISTRICT IN WHICH THE RESIDENCE IS LOCATED FOR THE
PURPOSES OF REDUCING THE REAL PROPERTY TAX BURDEN OF THE PROPERTY OWNERS
OF SUCH PUBLIC SCHOOL DISTRICT. IN THE EVENT THAT A VILLAGE  ELECTS  NOT
TO PURSUE A FINE UNDER THIS SECTION, THE PUBLIC SCHOOL DISTRICT IN WHICH
THE  RESIDENCE IS LOCATED, OR ANY CERTIFIED PROPERTY OWNER, MAY BRING AN
ACTION FOR RECOVERY OF THE REAL PROPERTY SCHOOL TAX EXPENSE, PURSUANT TO
SECTION THIRTEEN HUNDRED SIXTY OF THE CIVIL PRACTICE LAW AND RULES.
  S 4. Section 382 of the executive law  is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4. IN ADDITION TO THE PROVISIONS OF SUBDIVISIONS ONE, TWO AND THREE OF
THIS  SECTION,  WHEN  A  DETERMINATION  IS  MADE  IN  ACCORDANCE TO THIS
SECTION, THAT A BUILDING IS IN VIOLATION OF THE UNIFORM FIRE  PREVENTION
AND  BUILDING  CODE,  AS  THE  RESULT OF A PROPERTY OWNER AUTHORIZING OR
PERMITTING A USE OF THEIR PROPERTY TO RESULT IN AN UNAPPROVED CONVERSION
OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY RESIDENCE OR TO A  MULTIPLE
FAMILY  RESIDENCE  OR  IN AN UNAPPROVED CONVERSION OF A TWO FAMILY RESI-
DENCE TO A MULTIPLE FAMILY RESIDENCE, THEN EVERY LOCAL GOVERNMENT  SHALL
BE  ELIGIBLE TO COLLECT A FINE OF A REAL PROPERTY SCHOOL TAX EXPENSE FOR
EACH SCHOOL AGE CHILD THAT RESIDES IN THE  UNAPPROVED,  CONVERTED  RESI-
DENCE. FOR PURPOSES OF THIS SUBDIVISION, THE AMOUNT OF THE REAL PROPERTY
SCHOOL TAX EXPENSE SHALL BE EQUAL TO THAT AMOUNT OF COST THAT THE PUBLIC
SCHOOL  DISTRICT  IN WHICH THE RESIDENCE IS LOCATED, EXPENDS ANNUALLY TO
EDUCATE THE AVERAGE CHILD IN SUCH SCHOOL DISTRICT, REDUCED BY THE AMOUNT
OF FEDERAL AND STATE AID SUCH SCHOOL DISTRICT  RECEIVES  FOR  EACH  SUCH
CHILD.  IN THE EVENT A LOCAL GOVERNMENT COLLECTS A FINE PURSUANT TO THIS
SUBDIVISION, THE LOCAL GOVERNMENT SHALL FORWARD THE DOLLAR AMOUNT OF THE
FINE SO COLLECTED, LESS A TEN PERCENT ADMINISTRATIVE FEE, TO THE  PUBLIC
SCHOOL  DISTRICT  IN  WHICH THE RESIDENCE IS LOCATED FOR THE PURPOSES OF
REDUCING THE REAL PROPERTY TAX BURDEN OF THE  PROPERTY  OWNERS  OF  SUCH
PUBLIC  SCHOOL DISTRICT. IN THE EVENT THAT A LOCAL GOVERNMENT ELECTS NOT
TO PURSUE A FINE UNDER THIS SUBDIVISION, THE PUBLIC SCHOOL  DISTRICT  IN
WHICH  THE  RESIDENCE  IS  LOCATED, OR ANY CERTIFIED PROPERTY OWNER, MAY
BRING AN ACTION FOR RECOVERY OF THE REAL PROPERTY  SCHOOL  TAX  EXPENSE,

S. 5460                             3

PURSUANT TO SECTION THIRTEEN HUNDRED SIXTY OF THE CIVIL PRACTICE LAW AND
RULES.
  S 5. The civil practice law and rules is amended by adding a new arti-
cle 13-C to read as follows:
                              ARTICLE 13-C
                      SCHOOL PROPERTY TAX RECOVERY
SECTION 1360. PRIVATE ACTIONS FOR SCHOOL PROPERTY TAX RECOVERY.
  S  1360.  PRIVATE  ACTIONS FOR SCHOOL PROPERTY TAX RECOVERY. 1. IN THE
EVENT THAT A LOCAL GOVERNMENT ELECTS NOT TO PURSUE A  FINE  PURSUANT  TO
SUBDIVISION  THREE  OF  SECTION TWO HUNDRED SIXTY-EIGHT OF THE TOWN LAW,
SECTION 7-714-A OF THE VILLAGE LAW, OR SUBDIVISION FOUR OF SECTION THREE
HUNDRED EIGHTY-TWO OF THE EXECUTIVE LAW, THE PUBLIC SCHOOL  DISTRICT  IN
WHICH  THE  RESIDENCE  IS  LOCATED, OR ANY CERTIFIED PROPERTY OWNER, MAY
BRING AN ACTION FOR RECOVERY OF THE REAL PROPERTY SCHOOL TAX EXPENSE FOR
EACH SCHOOL AGE CHILD THAT RESIDES IN THE  UNAPPROVED,  CONVERTED  RESI-
DENCE.   PURSUANT TO THIS SECTION THE AMOUNT OF THE REAL PROPERTY SCHOOL
TAX EXPENSE SHALL BE EQUAL TO THAT AMOUNT OF COST THAT THE PUBLIC SCHOOL
DISTRICT IN WHICH THE RESIDENCE IS LOCATED, EXPENDS ANNUALLY TO  EDUCATE
THE  AVERAGE  CHILD  IN  SUCH  SCHOOL DISTRICT, REDUCED BY THE AMOUNT OF
FEDERAL AND STATE AID SUCH SCHOOL DISTRICT RECEIVES FOR EACH SUCH CHILD.
  2. AN ACTION BROUGHT UNDER THIS SECTION SHALL BE COMMENCED BY A SCHOOL
DISTRICT OR CERTIFIED PROPERTY OWNER, BY MEANS OF  A  PETITION,  IN  THE
SUPREME  COURT  OR  COUNTY  COURT  IN  WHICH  THE  VIOLATING PROPERTY IS
LOCATED. ONLY A PUBLIC SCHOOL DISTRICT IN WHICH THE  VIOLATING  PROPERTY
IS  LOCATED, OR A CERTIFIED PROPERTY OWNER PURSUANT TO SUBDIVISION THREE
OF THIS SECTION, MAY BRING AN ACTION PURSUANT TO THIS SECTION.
  3. IN ORDER FOR A REAL PROPERTY OWNER TO BRING AN ACTION  PURSUANT  TO
THIS SECTION, SUCH REAL PROPERTY OWNER MUST RECEIVE A CERTIFICATION FROM
THE LOCAL GOVERNMENT, SIGNED BY THE TOWN ATTORNEY OR VILLAGE ATTORNEY OF
SUCH LOCAL GOVERNMENT, THAT:
  A.  THE  LOCAL  GOVERNMENT  DOES  NOT WISH TO PURSUE A FINE AUTHORIZED
PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED SIXTY-EIGHT OF  THE
TOWN  LAW,  SECTION  7-714-A  OF THE VILLAGE LAW, OR SUBDIVISION FOUR OF
SECTION THREE HUNDRED EIGHTY-TWO OF THE EXECUTIVE LAW;
  B. THAT THE PROPERTY OWNER OWNS REAL PROPERTY WITHIN THE  SAME  PUBLIC
SCHOOL DISTRICT IN WHICH THE VIOLATING RESIDENCE IS LOCATED; AND
  C.  THE  LOCAL  GOVERNMENT  GRANTS PERMISSION TO THE PROPERTY OWNER TO
BRING AN ACTION PURSUANT TO THIS SECTION.
  4. A CERTIFICATION PURSUANT TO SUBDIVISION THREE OF THIS SECTION SHALL
BE FILED WITH THE PETITION OF THE CERTIFIED PROPERTY OWNER.
  5. AN ACTION PURSUANT TO THIS SECTION SHALL BE  COMMENCED  WITHIN  TWO
YEARS  OF THE ACTION THAT WOULD VIOLATE ARTICLE SIXTEEN OF THE TOWN LAW,
OR ARTICLE SEVEN OF THE VILLAGE LAW, OR ARTICLE EIGHTEEN OF  THE  EXECU-
TIVE LAW.
  6.  IN ANY PETITION COMMENCING AN ACTION PURSUANT TO THIS SECTION, THE
PETITIONER SHALL SERVE A COPY OF THE PETITION UPON THE PROPERTY OWNER OF
THE VIOLATING PROPERTY. FOR PURPOSES OF THIS SECTION, THE PROPERTY OWNER
OF THE VIOLATING PROPERTY SHALL MEAN THE TITLED OWNER OF  REAL  PROPERTY
THAT  AUTHORIZED  OR PERMITTED A USE OF THEIR PROPERTY WHICH RESULTED IN
AN UNAPPROVED CONVERSION OF A SINGLE FAMILY RESIDENCE TO  A  TWO  FAMILY
RESIDENCE OR TO A MULTIPLE FAMILY RESIDENCE, OR IN AN UNAPPROVED CONVER-
SION  OF  A  TWO  FAMILY  RESIDENCE TO A MULTIPLE FAMILY RESIDENCE.  THE
PETITION FILED AND SERVED IN  THIS  ACTION  SHALL  SPECIFY  IF  A  LOCAL
GOVERNMENT  DETERMINED WHETHER THE OWNER OF THE REAL PROPERTY AUTHORIZED
OR PERMITTED A USE OF THEIR PROPERTY WHICH  RESULTED  IN  AN  UNAPPROVED
CONVERSION  OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY RESIDENCE OR TO

S. 5460                             4

A MULTIPLE FAMILY RESIDENCE, OR IN A  UNAPPROVED  CONVERSION  OF  A  TWO
FAMILY RESIDENCE TO A MULTIPLE FAMILY RESIDENCE.
  7.  IN  THE  EVENT THE COURT DETERMINES THAT A LOCAL GOVERNMENT DETER-
MINED, WITHOUT ERROR, THAT THE OWNER OF THE REAL PROPERTY AUTHORIZED  OR
PERMITTED  A  USE  OF  THEIR  PROPERTY  WHICH  RESULTED IN AN UNAPPROVED
CONVERSION OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY RESIDENCE OR  TO
A  MULTIPLE  FAMILY  RESIDENCE,  OR IN AN UNAPPROVED CONVERSION OF A TWO
FAMILY RESIDENCE TO A MULTIPLE FAMILY  RESIDENCE,  THEN  THE  PETITIONER
SHALL  BE  ENTITLED  TO A RECOVERY PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION. IN THE EVENT THE COURT DETERMINES THAT A LOCAL  GOVERNMENT  DID
NOT DETERMINE, OR DID NOT DETERMINE WITHOUT ERROR, THAT THE OWNER OF THE
REAL  PROPERTY  AUTHORIZED  OR  PERMITTED  A USE OF THEIR PROPERTY WHICH
RESULTED IN AN UNAPPROVED CONVERSION OF A SINGLE FAMILY RESIDENCE  TO  A
TWO  FAMILY  RESIDENCE OR TO A MULTIPLE FAMILY RESIDENCE, OR IN AN UNAP-
PROVED CONVERSION OF A TWO FAMILY RESIDENCE TO A MULTIPLE  FAMILY  RESI-
DENCE,  THEN  THE  COURT SHALL MAKE A DETERMINATION WHETHER THE OWNER OF
THE REAL PROPERTY AUTHORIZED OR PERMITTED A USE OF THEIR PROPERTY  WHICH
RESULTED  IN  AN UNAPPROVED CONVERSION OF A SINGLE FAMILY RESIDENCE TO A
TWO FAMILY RESIDENCE OR TO A MULTIPLE FAMILY RESIDENCE, OR IN  AN  UNAP-
PROVED  CONVERSION  OF A TWO FAMILY RESIDENCE TO A MULTIPLE FAMILY RESI-
DENCE, IN VIOLATION OF ARTICLE SIXTEEN OF THE TOWN LAW, OR ARTICLE SEVEN
OF THE VILLAGE LAW, OR ARTICLE EIGHTEEN OF THE  EXECUTIVE  LAW.  IF  THE
COURT  DETERMINES  THAT  THE  OWNER  OF  THE REAL PROPERTY AUTHORIZED OR
PERMITTED A USE OF  THEIR  PROPERTY  WHICH  RESULTED  IN  AN  UNAPPROVED
CONVERSION  OF A SINGLE FAMILY RESIDENCE TO A TWO FAMILY RESIDENCE OR TO
A MULTIPLE FAMILY RESIDENCE, OR IN AN UNAPPROVED  CONVERSION  OF  A  TWO
FAMILY RESIDENCE TO A MULTIPLE FAMILY RESIDENCE, IN VIOLATION OF ARTICLE
SIXTEEN OF THE TOWN LAW, OR ARTICLE SEVEN OF THE VILLAGE LAW, OR ARTICLE
EIGHTEEN  OF THE EXECUTIVE LAW, THEN THE PETITIONER SHALL BE ENTITLED TO
A RECOVERY PURSUANT TO SUBDIVISION EIGHT OF THIS SECTION.
  8. UPON DETERMINATION OF THE COURT, A PETITIONER SHALL  BE  AWARDED  A
RECOVERY OF A REAL PROPERTY SCHOOL TAX EXPENSE FOR EACH SCHOOL AGE CHILD
THAT  RESIDES  IN  THE  UNAPPROVED, CONVERTED RESIDENCE. FOR PURPOSES OF
THIS SUBDIVISION, THE AMOUNT OF THE REAL  PROPERTY  SCHOOL  TAX  EXPENSE
SHALL  BE  AS  DEFINED  PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE
PETITIONER SHALL  FURTHER  BE  ENTITLED  TO  RECOVER  REASONABLE  COSTS,
DISBURSEMENTS AND ATTORNEYS FEES, UPON REVIEW OF THE COURT. ANY RECOVERY
AWARDED  PURSUANT  TO  THIS SECTION SHALL BE PAID BY THE RESPONDENT INTO
THE COURT. UPON PAYMENT OF THE RECOVERY BY  THE  RESPONDENT,  THE  COURT
SHALL  PROVIDE  THE PETITIONER WITH AN AMOUNT OF TEN PERCENT OF THE REAL
PROPERTY SCHOOL TAX EXPENSE FOR EACH SCHOOL AGE CHILD  THAT  RESIDES  IN
THE  UNAPPROVED,  CONVERTED  RESIDENCE,  TOGETHER WITH REASONABLE COSTS,
DISBURSEMENTS AND ATTORNEYS FEES. THE COURT SHALL THEREAFTER FORWARD THE
REMAINING RECOVERY PAID BY THE RESPONDENT, TO THE PUBLIC SCHOOL DISTRICT
IN WHICH THE VIOLATING RESIDENCE IS LOCATED, FOR THE PURPOSES OF  REDUC-
ING  THE  REAL PROPERTY TAX BURDEN OF THE PROPERTY OWNERS OF SUCH PUBLIC
SCHOOL DISTRICT.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S5460

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

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Jun 4, 2013 - Local Government Committee Vote

Local Government Committee Vote: Jun 4, 2013

2013-S5460 (ACTIVE) - Details

2013-S5460 (ACTIVE) - Summary

2013-S5460 (ACTIVE) - Sponsor Memo

2013-S5460 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jack M. Martins

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

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Votes

2013-S5460 (ACTIVE) - Details

2013-S5460 (ACTIVE) - Summary

2013-S5460 (ACTIVE) - Sponsor Memo

2013-S5460 (ACTIVE) - Bill Text download pdf

Comments