Assembly Bill A5633A

2015-2016 Legislative Session

Authorizes municipalities to treat unpaid fines for building code and fire code violations as unpaid real property taxes

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Sponsored By

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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Bill Amendments

co-Sponsors

2015-A5633 - Details

See Senate Version of this Bill:
S7586
Current Committee:
Assembly Codes
Law Section:
Real Property Tax Law
Laws Affected:
Add §901, amd §§936 & 1102, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9189, S6906
2017-2018: A1720, S3136
2019-2020: A1820, S4175
2021-2022: A1339, S962
2023-2024: A248, S4514

2015-A5633 - Summary

Authorizes municipalities to treat unpaid fines for building code and fire code violations as unpaid real property taxes and to impose a tax lien therefor.

2015-A5633 - Bill Text download pdf

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

                                  5633

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced by M. of A. MAGNARELLI, RYAN -- read once and referred to the
  Committee on Real Property Taxation

AN  ACT  to  amend the real property tax law, in relation to authorizing
  municipalities to treat unpaid building code, property maintenance and
  nuisance fines as delinquent taxes and impose tax liens upon the  real
  property which is the subject of such fines

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

  Section 1.   The real property tax law is  amended  by  adding  a  new
section 901 to read as follows:
  S  901. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES IMPOSED
BY MUNICIPAL CORPORATIONS. 1. NOTWITHSTANDING ANY PROVISION  OF  LAW  TO
THE CONTRARY, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERN-
ING  BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT
FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY, OTHER THAN A PROP-
ERTY SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE OWNERS THER-
EOF, FOR BUILDING CODE, PROPERTY  MAINTENANCE  AND  NUISANCE  VIOLATIONS
SHALL  BE DEEMED TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISION
OF THIS SECTION. NO SUCH LAW, ORDINANCE OR RESOLUTION SHALL BE DEEMED TO
TAKE EFFECT UNTIL IT SHALL HAVE BEEN FILED WITH THE CLERK OF THE MUNICI-
PAL CORPORATION AND THE APPROPRIATE COLLECTING OFFICER.
  2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION  SHALL  ESTABLISH  A
PROCEDURE  FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER-
LYING CIRCUMSTANCES RELATING TO THE BUILDING CODE, PROPERTY  MAINTENANCE
OR  NUISANCE  VIOLATION,  AND  THE FINE TO BE IMPOSED IF THE COURT FINDS
THAT SUCH A VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY  OWNER  WHO
AFTER  BEING ADJUDGED TO HAVE COMMITTED A VIOLATION SHALL HAVE THE RIGHT
TO APPEAL SUCH JUDGEMENT.
  3. EVERY LOCAL LAW, ORDINANCE AND RESOLUTION ENACTED PURSUANT TO  THIS
SECTION  SHALL  PROVIDE  THAT  EACH  AFFECTED  PROPERTY  OWNER  SHALL BE
PROVIDED, BY THE MUNICIPAL CORPORATION, WITH  NOT  LESS  THAN  TEN  DAYS
WRITTEN  NOTICE  PRIOR  TO THE OCCURRENCE OF ANY ACTION BY THE MUNICIPAL
CORPORATION PURSUANT TO THE PROVISIONS OF  THIS  SECTION.    EVERY  SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2015-A5633A (ACTIVE) - Details

See Senate Version of this Bill:
S7586
Current Committee:
Assembly Codes
Law Section:
Real Property Tax Law
Laws Affected:
Add §901, amd §§936 & 1102, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9189, S6906
2017-2018: A1720, S3136
2019-2020: A1820, S4175
2021-2022: A1339, S962
2023-2024: A248, S4514

2015-A5633A (ACTIVE) - Summary

Authorizes municipalities to treat unpaid fines for building code and fire code violations as unpaid real property taxes and to impose a tax lien therefor.

2015-A5633A (ACTIVE) - Bill Text download pdf

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

                                 5633--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2015
                               ___________

Introduced by M. of A. MAGNARELLI, RYAN -- read once and referred to the
  Committee on Real Property Taxation -- recommitted to the Committee on
  Real  Property  Taxation in accordance with Assembly Rule 3, sec. 2 --
  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 authorizing
  municipalities to treat unpaid building code and fire  code  fines  as
  delinquent  taxes and impose tax liens upon the real property which is
  the subject of such fines

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

  Section  1.    The  real  property  tax law is amended by adding a new
section 901 to read as follows:
  S 901. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES  IMPOSED
BY  MUNICIPAL  CORPORATIONS.  1. NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERN-
ING BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING  THAT
FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY, OTHER THAN A PROP-
ERTY SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE OWNERS THER-
EOF,  FOR  BUILDING  CODE AND FIRE CODE VIOLATIONS SHALL BE DEEMED TO BE
DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISION OF  THIS  SECTION.  NO
SUCH  LAW,  ORDINANCE OR RESOLUTION SHALL BE DEEMED TO TAKE EFFECT UNTIL
IT SHALL HAVE BEEN FILED WITH THE CLERK OF THE MUNICIPAL CORPORATION AND
THE APPROPRIATE COLLECTING OFFICER.
  2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION  SHALL  ESTABLISH  A
PROCEDURE  FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER-
LYING  CIRCUMSTANCES  RELATING  TO  THE  BUILDING  CODE  OR  FIRE   CODE
VIOLATION,  AND  THE  FINE  TO BE IMPOSED IF THE COURT FINDS THAT SUCH A
VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY OWNER WHO  AFTER  BEING
ADJUDGED  TO  HAVE  COMMITTED A VIOLATION SHALL HAVE THE RIGHT TO APPEAL
SUCH JUDGMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00615-02-6
              

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