Senate Bill S7586

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-S7586 (ACTIVE) - Details

See Assembly Version of this Bill:
A5633
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §901, amd §§936 & 1102, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6906, A9189
2017-2018: S3136, A1720
2019-2020: S4175, A1820
2021-2022: S962, A1339
2023-2024: S4514, A248

2015-S7586 (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-S7586 (ACTIVE) - Sponsor Memo

2015-S7586 (ACTIVE) - Bill Text download pdf

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

                                  7586

                            I N  S E N A T E

                              May 10, 2016
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- 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  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.
  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
                      [ ] is old law to be omitted.
                                                           LBD00615-03-6
              

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