Senate Bill S6431

2015-2016 Legislative Session

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2015-S6431 (ACTIVE) - Details

See Assembly Version of this Bill:
A9215
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd §1112, RPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: S212, A4479
2019-2020: S2864
2021-2022: S2084
2023-2024: S5058

2015-S6431 (ACTIVE) - Summary

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last.

2015-S6431 (ACTIVE) - Sponsor Memo

2015-S6431 (ACTIVE) - Bill Text download pdf

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

                                  6431

                            I N  S E N A T E

                            January 13, 2016
                               ___________

Introduced by Sen. MARCHIONE -- 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 the redemption
  of multiple liens on farm property

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

  Section 1. Subdivisions 1 and 2 of section 1112 of the  real  property
tax  law,  as amended by chapter 532 of the laws of 1994, are amended to
read as follows:
  1.  When a tax district holds more than one tax lien against a parcel,
the liens need not be redeemed simultaneously.  (A) However,  the  liens
ON  A  PARCEL,  WHICH  IS NOT FARM PROPERTY, must be redeemed in reverse
chronological order, so that the lien with the most recent lien date  is
redeemed  first,  and  the  lien with the earliest lien date is redeemed
last. Notwithstanding the redemption of one or more of the liens against
SUCH a parcel as provided [herein]  IN  THIS  ARTICLE,  the  enforcement
process  shall  proceed  according  to the provisions of this article as
long as the earliest lien remains unredeemed.
  (B) HOWEVER, IN THE CASE OF LIENS AGAINST A PARCEL, THAT IS FARM PROP-
ERTY, THE LIENS MUST BE REDEEMED IN CHRONOLOGICAL  ORDER,  SO  THAT  THE
LIEN  WITH  THE  EARLIEST LIEN DATE IS REDEEMED FIRST, AND THE LIEN WITH
THE MOST RECENT LIEN DATE IS REDEEMED LAST. NOTWITHSTANDING THE  REDEMP-
TION  OF ONE OR MORE OF THE LIENS AGAINST A PARCEL THAT IS FARM PROPERTY
AS PROVIDED IN THIS  ARTICLE,  THE  ENFORCEMENT  PROCESS  SHALL  PROCEED
ACCORDING  TO  THE PROVISIONS OF THIS ARTICLE AS LONG AS THE MOST RECENT
LIEN REMAINS UNREDEEMED.
  2. (a) When one or more liens against a parcel, THAT IS NOT FARM PROP-
ERTY, are redeemed as provided [herein] IN THIS ARTICLE, but the  earli-
est  lien remains unredeemed, the receipt issued to the person redeeming
shall include a statement in substantially the following  form:    "This
parcel  remains subject to one or more delinquent tax liens. The payment
you have made will not postpone the enforcement of the outstanding  lien
or liens. Continued failure to pay the entire amount owed will result in
the loss of the property."

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

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