S T A T E O F N E W Y O R K
________________________________________________________________________
3952
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Real Property Taxation
AN ACT to amend the real property tax law, in relation to requiring the
disclosure to the petitioner of the assessing method, capitalization
rate, and certain other information used to determine valuation by the
respondent in a judicial proceeding brought to review an assessment of
real property in a city having a population of one million or more
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 714 of the real property tax law
is amended to read as follows:
2. If the respondent has not served an answer or moved to dismiss the
petition prior to the service of a note of issue, except as hereinbefore
provided, in order to raise an objection to the sufficiency of the peti-
tion or assert an affirmative defense upon the hearing, he OR SHE must
serve upon the petitioner within forty days after the service of a note
of issue, a notice containing a statement of the nature of such
objection or such defense, unless for good cause the time to serve such
notice is extended by the court or a justice thereof, on an order to
show cause. Unless the petitioner and respondent stipulate in writing
for a hearing at an earlier date, no hearing shall be held less than
thirty days after service of such notice upon the petitioner. THE
ANSWER OR NOTICE SERVED PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION
SHALL DISCLOSE THE ASSESSING METHOD USED, ANY CAPITALIZATION RATE USED,
AND ANY OTHER DATA OR FORMULA USED TO DETERMINE THE VALUATION OF THE
REAL PROPERTY.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to proceedings commenced or pending on
or after its effective date, and, in addition, the disclosure of the
information required to be disclosed by the amendment made to subdivi-
sion 2 of section 714 of the real property tax law by section one of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04772-01-5
A. 3952 2
this act shall, if the time for such disclosure pursuant to the
provisions of such subdivision 2 has passed in a proceeding pending on
the effective date of this act, be made within thirty days of the effec-
tive date of this act, and the petitioner shall have a continuance of
thirty days from receipt thereof to review such disclosures and submit
or modify such documents or other evidence, or make such motions, as
such disclosures may prompt.