S T A T E O F N E W Y O R K
________________________________________________________________________
7515
2017-2018 Regular Sessions
I N A S S E M B L Y
April 28, 2017
___________
Introduced by M. of A. ZEBROWSKI, SKOUFIS, GALEF, DICKENS, SEPULVEDA,
D'URSO -- Multi-Sponsored by -- M. of A. HOOPER -- read once and
referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to reducing the
time period in which an article 7 proceeding is deemed abandoned from
four years to two years
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 718 of the real property tax law, as amended by
chapter 693 of the laws of 1995, subdivision 1 as amended by chapter 186
of the laws of 2002, subdivisions 2 and 3 as added by chapter 693 of the
laws of 1995, and paragraphs (a) and (b) of subdivision 2 as amended by
chapter 503 of the laws of 1996, is amended to read as follows:
§ 718. When proceeding deemed abandoned. 1. Where a proceeding is
commenced pursuant to this article to review the assessment of a parcel
of real property which contains one, two or three family dwelling resi-
dential real property, including such dwellings used in part for nonres-
idential purposes, but which are used primarily for residential
purposes, and farm dwellings, or a parcel of real property which
contains residential real property consisting of more than three dwell-
ing units held in condominium form of ownership, or a parcel of real
property which contains land used in agricultural production which is
eligible for an agricultural assessment pursuant to section three
hundred five or three hundred six of the agriculture and markets law,
where the owner of such land has filed an annual application for an
agricultural assessment, and farm buildings and structures thereon, as
defined in subdivision two of section four hundred eighty-three of this
chapter, or any parcel of real property located in a city with a popu-
lation of one million or more, unless a note of issue is filed and the
proceeding is placed on the court calendar within [four] TWO years from
the last date provided by law for the commencement of the proceeding,
the proceeding thereon shall be deemed to have been abandoned and an
order dismissing the petition shall be entered without notice and such
order shall constitute a final adjudication of all issues raised in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10477-02-7
A. 7515 2
proceeding, except where the parties otherwise stipulate or a court or
judge otherwise orders on good cause shown within such [four-year] TWO-
YEAR period.
2. Where a proceeding is commenced pursuant to this article to review
the assessment of a parcel of real property which solely contains prop-
erty which is not subject to the provisions of subdivision one of this
section, a note of issue shall be filed in accordance with this subdivi-
sion.
(a) Where a real property assessment challenge commenced under this
article has been pending for at least [two years] ONE YEAR from the date
of the commencement of the proceeding, either party may demand, by serv-
ing a written demand, that the parties file a written appraisal of the
property which is the subject of the proceeding and serve same within
[one hundred twenty] NINETY days of service of such demand. The demand
shall be in writing and served by personal delivery or certified mail,
return receipt requested. Both parties shall thereafter file an
appraisal or show good cause as to why such demand cannot be complied
with within such time period. Either party may move to dismiss the
proceeding by reason of the other party's failure to prosecute the
proceeding and file the appraisal pursuant to the demand. Unless the
party shows good cause for failing to file the appraisal, the court may
in its discretion either dismiss or grant the petition and such order
shall constitute a final adjudication of all issues raised in the
proceeding.
(b) Upon the serving and filing the appraisals pursuant to a demand
made under paragraph (a) of this subdivision, the court shall schedule a
conference with the parties to be held within [ninety] FORTY-FIVE days
to discuss settlement, resolve disclosure and decide other pretrial
issues.
(c) After completion of the pretrial conference required by this
subdivision, the respondent may serve and file a written demand that
petitioner file a note of issue within thirty days of service of the
demand therefor. The demand shall be in writing and served by personal
delivery or certified mail, return receipt requested. Should the peti-
tioner fail to file a note of issue within thirty days of the service of
demand, the proceeding shall be deemed to have been abandoned, an order
dismissing the petition shall be entered without notice and such order
shall constitute a final adjudication of all issues raised in the
proceeding, unless the court or judge otherwise orders on good cause
shown.
(d) Should the respondent fail to demand that the petitioner file a
note of issue pursuant to paragraph (c) of this subdivision within
[four] TWO years from the date of the commencement of the proceeding,
and a note of issue has not otherwise been filed, the proceeding shall
be deemed to have been abandoned and an order dismissing the petition
shall be entered without notice and such order shall constitute a final
adjudication of all issues raised in the proceeding, except where the
parties otherwise stipulate or a court or judge otherwise orders on good
cause shown within such [four-year] TWO-YEAR period.
3. For purposes of this section a "proceeding" shall include separate
proceedings involving parcels under common ownership or separate
proceedings consolidated pursuant to section seven hundred ten of this
title.
§ 2. This act shall take effect on the first of January next succeed-
ing the date upon which it shall have become a law.