NY State Assembly Bill 2019-A4863B

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to real property taxation
Sep 09, 2019	print number 4863b
Sep 09, 2019	amend (t) and recommit to real property taxation
Aug 21, 2019	print number 4863a
Aug 21, 2019	amend and recommit to real property taxation
Feb 05, 2019	referred to real property taxation

Bill Amendments

Original

B (Active)

co-Sponsors

2019-A4863 - Details

Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§924-a, 936 & 1112, RPT L
Versions Introduced in 2017-2018 Legislative Session:: A9807

2019-A4863 - Summary

Authorizes counties to set interest rates imposed on late payment of property taxes and delinquencies and redemption of property subject to more than one tax lien.

2019-A4863 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4863
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in relation to interest rates
   imposed on late payment of taxes and delinquencies and  redemption  of
   property subject to more than one tax lien

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 924-a of  the  real  property  tax
 law, as amended by chapter 26 of the laws of 2003, is amended to read as
 follows:
   1.  The amount of interest to be added on all taxes received after the
 interest free period and all delinquent taxes shall be  one-twelfth  the
 rate  of  interest as determined pursuant to subdivision two or two-a of
 this section rounded to the nearest one-hundredth of a percentage point,
 except as otherwise provided by a general or special law, or a local law
 adopted by a city pursuant to the municipal home rule law or any special
 law OR BY A LOCAL LAW ADOPTED BY A COUNTY.  Such interest shall be added
 for each month or fraction thereof until such taxes are paid.
   § 2. Section 936 of the real property tax law, as amended  by  chapter
 237  of the laws of 1995, subdivision 1 as amended by chapter 355 of the
 laws of 1997, is amended to read as follows:
   § 936. Return of unpaid delinquent taxes.  [1.] Upon the expiration of
 his warrant, each collecting officer shall make and deliver to the coun-
 ty treasurer an account, subscribed and affirmed by him  as  true  under
 the  penalties  of  perjury,  of  all taxes listed on the tax roll which
 remain unpaid, except that such collecting officer shall not include  in
 such  account  the  amount  of the installments of taxes returned unpaid
 pursuant to [section nine hundred twenty-eight-b or] subdivision one  of
 section  nine  hundred seventy-six of this chapter. The county treasurer
 shall, if satisfied that such account is correct, credit  him  with  the

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01239-02-9

 A. 4863                             2
 
 amount  of  such  unpaid delinquent taxes. Such return shall be endorsed
 upon or attached to the tax roll.
   [2. In making the return of unpaid taxes, the collecting officer shall
 add  five  per  centum to the amount of each tax as levied. In the event
 that the collecting officer fails to do so, the county  treasurer  shall
 make  such addition. In a county in which there is a local law in effect
 pursuant to section nine hundred twenty-eight-b or section nine  hundred
 seventy-two  of  this  chapter  providing for the collection of taxes in
 installments, the five per centum provided by this subdivision shall not
 be added to the taxes which a real property owner has elected to pay  in
 installments  pursuant to section nine hundred twenty-eight-b or section
 nine hundred seventy-five of this chapter. Such five per centum shall be
 added by the county treasurer to the amount of such taxes as shall  have
 remained  unpaid  after the date upon which the last installment was due
 as provided in such local law. The amount of such added per centum shall
 thereafter be deemed part of the amount of the unpaid tax.]
   § 3. Subdivision 1 and paragraph (a) of subdivision 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. However, the liens must
 be redeemed in [reverse] chronological order, so that the lien with  the
 [most  recent]  EARLIEST  lien date is redeemed first, and the lien with
 the [earliest] MOST RECENT lien date is redeemed  last.  Notwithstanding
 the  redemption of one or more of the liens against a parcel as provided
 herein,  the  enforcement  process  shall  proceed  according   to   the
 provisions  of  this  article as long as the [earliest] MOST RECENT lien
 remains unredeemed FOR A PERIOD OF TWO YEARS OR MORE FROM  THE  DATE  OF
 DELINQUENCY OF SUCH LIEN.
   (a)  When  one or more liens against a parcel are redeemed as provided
 herein, but the [earliest] MOST RECENT lien  remains  unredeemed  FOR  A
 PERIOD  OF  TWO YEARS OR MORE FROM THE DATE OF DELINQUENCY OF SUCH LIEN,
 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  post-
 pone the enforcement of the outstanding lien or liens. Continued failure
 to pay the entire amount owed will result in the loss of the property."
   §  4.  Subdivision 2 of section 924-a of the real property tax law, as
 amended by chapter 355 of the laws of 2003 and  as  further  amended  by
 subdivision  (b)  of  section  1  of part W of chapter 56 of the laws of
 2010, is amended to read as follows:
   2. The rate of interest applicable to the third  calendar  quarter  of
 each  year,  as set by the commissioner of taxation and finance pursuant
 to subparagraph (A) of paragraph two of subsection (j)  of  section  six
 hundred  ninety-seven  of  the  tax  law,  shall be the rate of interest
 applicable to unpaid real property taxes for purposes of  this  section.
 Such  commissioner shall set such rate on or before the fifteenth day of
 July in each year. Such rate shall be effective for all warrants  issued
 for  a collection period commencing on or after the first day of Septem-
 ber next succeeding the date the rate of interest  is  set.    Provided,
 however, the rate of interest prescribed by this subdivision shall in no
 event  be [less] MORE than twelve per centum per annum. The commissioner
 shall inform each affected municipality of any change in the rate estab-
 lished pursuant to this subdivision.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2019-A4863A - Details

Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§924-a, 936 & 1112, RPT L
Versions Introduced in 2017-2018 Legislative Session:: A9807

2019-A4863A - Summary

Authorizes counties to set interest rates imposed on late payment of property taxes and delinquencies and redemption of property subject to more than one tax lien.

2019-A4863A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4863--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER, D'URSO, SAYEGH, ARROYO -- read once and
   referred to the Committee  on  Real  Property  Taxation  --  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 interest rates
   imposed  on  late payment of taxes and delinquencies and redemption of
   property subject to more than one tax lien
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 924-a of the real property tax
 law, as amended by chapter 26 of the laws of 2003, is amended to read as
 follows:
   1. The amount of interest to be added on all taxes received after  the
 interest  free  period and all delinquent taxes shall be one-twelfth the
 rate of interest as determined pursuant to subdivision two or  two-a  of
 this section rounded to the nearest one-hundredth of a percentage point,
 except as otherwise provided by a general or special law, or a local law
 adopted by a city pursuant to the municipal home rule law or any special
 law OR BY A LOCAL LAW ADOPTED BY A COUNTY.  Such interest shall be added
 for each month or fraction thereof until such taxes are paid.
   §  2.  Section 936 of the real property tax law, as amended by chapter
 237 of the laws of 1995, subdivision 1 as amended by chapter 355 of  the
 laws of 1997, is amended to read as follows:
   § 936. Return of unpaid delinquent taxes.  [1.] Upon the expiration of
 his warrant, each collecting officer shall make and deliver to the coun-
 ty  treasurer  an  account, subscribed and affirmed by him as true under
 the penalties of perjury, of all taxes listed  on  the  tax  roll  which
 remain  unpaid, except that such collecting officer shall not include in
 such account the amount of the installments  of  taxes  returned  unpaid
 pursuant  to [section nine hundred twenty-eight-b or] subdivision one of
 section nine hundred seventy-six of this chapter. The  county  treasurer
 shall,  if  satisfied  that such account is correct, credit him with the
 amount of such unpaid delinquent taxes. Such return  shall  be  endorsed
 upon or attached to the tax roll.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01239-06-9

 A. 4863--A                          2
 
   [2. In making the return of unpaid taxes, the collecting officer shall
 add  five  per  centum to the amount of each tax as levied. In the event
 that the collecting officer fails to do so, the county  treasurer  shall
 make  such addition. In a county in which there is a local law in effect
 pursuant  to section nine hundred twenty-eight-b or section nine hundred
 seventy-two of this chapter providing for the  collection  of  taxes  in
 installments, the five per centum provided by this subdivision shall not
 be  added to the taxes which a real property owner has elected to pay in
 installments pursuant to section nine hundred twenty-eight-b or  section
 nine hundred seventy-five of this chapter. Such five per centum shall be
 added  by the county treasurer to the amount of such taxes as shall have
 remained unpaid after the date upon which the last installment  was  due
 as provided in such local law. The amount of such added per centum shall
 thereafter be deemed part of the amount of the unpaid tax.]
   §  3. Subdivision 1 and paragraph (a) of subdivision 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. However, the  liens  must
 be  redeemed in [reverse] chronological order, so that the lien with the
 [most recent] EARLIEST lien date is redeemed first, and  the  lien  with
 the  [earliest]  MOST RECENT lien date is redeemed last. Notwithstanding
 the redemption of one or more of the liens against a parcel as  provided
 herein,   the   enforcement  process  shall  proceed  according  to  the
 provisions of this article as long as the [earliest]  MOST  RECENT  lien
 remains  unredeemed FOR A PERIOD OF THREE YEARS OR MORE FROM THE DATE OF
 DELINQUENCY OF SUCH LIEN.
   (a) When one or more liens against a parcel are redeemed  as  provided
 herein,  but  the  [earliest]  MOST RECENT lien remains unredeemed FOR A
 PERIOD OF THREE YEARS OR MORE FROM THE DATE OF DELINQUENCY OF SUCH LIEN,
 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  post-
 pone the enforcement of the outstanding lien or liens. Continued failure
 to pay the entire amount owed will result in the loss of the property."
   §  4.  Subdivision 2 of section 924-a of the real property tax law, as
 amended by chapter 355 of the laws of 2003 and  as  further  amended  by
 subdivision  (b)  of  section  1  of part W of chapter 56 of the laws of
 2010, is amended to read as follows:
   2. The rate of interest applicable to the third  calendar  quarter  of
 each  year,  as set by the commissioner of taxation and finance pursuant
 to subparagraph (A) of paragraph two of subsection (j)  of  section  six
 hundred  ninety-seven  of  the  tax  law,  shall be the rate of interest
 applicable to unpaid real property taxes for purposes of  this  section.
 Such  commissioner shall set such rate on or before the fifteenth day of
 July in each year. Such rate shall be effective for all warrants  issued
 for  a collection period commencing on or after the first day of Septem-
 ber next succeeding the date the rate of interest  is  set.    Provided,
 however, the rate of interest prescribed by this subdivision shall in no
 event  be [less] MORE than twelve per centum per annum. The commissioner
 shall inform each affected municipality of any change in the rate estab-
 lished pursuant to this subdivision.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2019-A4863B (ACTIVE) - Details

Current Committee:: Assembly Real Property Taxation
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§924-a, 936 & 1112, RPT L
Versions Introduced in 2017-2018 Legislative Session:: A9807

2019-A4863B (ACTIVE) - Summary

Authorizes counties to set interest rates imposed on late payment of property taxes and delinquencies and redemption of property subject to more than one tax lien.

2019-A4863B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4863--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER, D'URSO, SAYEGH, ARROYO -- read once and
   referred to the Committee  on  Real  Property  Taxation  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the real property tax law, in relation to certain inter-
   est rates imposed on late  payment  of  taxes  and  delinquencies  and
   redemption of certain property subject to more than one tax lien
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 924-a of  the  real  property  tax
 law, as amended by chapter 26 of the laws of 2003, is amended to read as
 follows:
   1.  The amount of interest to be added on all taxes received after the
 interest free period and all delinquent taxes shall be  one-twelfth  the
 rate  of  interest as determined pursuant to subdivision two or two-a of
 this section rounded to the nearest one-hundredth of a percentage point,
 except as otherwise provided by a general or special law, or a local law
 adopted by a city pursuant to the municipal home rule law or any special
 law OR BY A LOCAL LAW ADOPTED BY A COUNTY.  Such interest shall be added
 for each month or fraction thereof until such taxes are paid.
   § 2. Section 936 of the real property tax law, as amended  by  chapter
 237  of the laws of 1995, subdivision 1 as amended by chapter 355 of the
 laws of 1997, is amended to read as follows:
   § 936. Return of unpaid delinquent taxes.  1. Upon the  expiration  of
 his warrant, each collecting officer shall make and deliver to the coun-
 ty  treasurer  an  account, subscribed and affirmed by him as true under
 the penalties of perjury, of all taxes listed  on  the  tax  roll  which
 remain  unpaid, except that such collecting officer shall not include in
 such account the amount of the installments  of  taxes  returned  unpaid
 pursuant  to [section nine hundred twenty-eight-b or] subdivision one of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01239-08-9

 A. 4863--B                          2
 
 section nine hundred seventy-six of this chapter. The  county  treasurer
 shall,  if  satisfied  that such account is correct, credit him with the
 amount of such unpaid delinquent taxes. Such return  shall  be  endorsed
 upon or attached to the tax roll.
   2.  In making the return of unpaid taxes, the collecting officer shall
 add five per centum to the amount of each tax as levied.  In  the  event
 that  the  collecting officer fails to do so, the county treasurer shall
 make such addition. In a county in which there is a local law in  effect
 pursuant  to  [section  nine  hundred  twenty-eight-b  or]  section nine
 hundred seventy-two of this chapter  providing  for  the  collection  of
 taxes  in installments, the five per centum provided by this subdivision
 shall not be added to the taxes which a real property owner has  elected
 to  pay in installments pursuant to [section nine hundred twenty-eight-b
 or] section nine hundred seventy-five of this  chapter.  Such  five  per
 centum  shall  be  added  by  the county treasurer to the amount of such
 taxes as shall have remained unpaid after the date upon which  the  last
 installment  was due as provided in such local law. SUCH FIVE PER CENTUM
 SHALL NOT BE ADDED WHERE THE  TAXABLE  REAL  PROPERTY  UPON  WHICH  SUCH
 UNPAID  TAX  WAS LEVIED IS AN OWNER OCCUPIED SINGLE FAMILY DWELLING. The
 amount of such added per centum shall thereafter be deemed part  of  the
 amount of the unpaid tax.
   §  3. Subdivision 1 and paragraph (a) of subdivision 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.  (A)  When  a  tax  district holds more than one tax lien against a
 parcel, the liens need not  be  redeemed  simultaneously.  However,  the
 liens  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  a  parcel  as  provided  herein,  the
 enforcement  process  shall  proceed according to the provisions of this
 article as long as the earliest lien remains unredeemed.
   (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  WHEN A TAX DISTRICT HOLDS MORE THAN ONE TAX LIEN AGAINST A PARCEL
 AND SUCH PARCEL IS AN OWNER OCCUPIED SINGLE FAMILY DWELLING,  THE  LIENS
 NEED  NOT  BE  REDEEMED  SIMULTANEOUSLY.    HOWEVER,  THE LIENS SHALL 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 REDEMPTION OF ONE OR MORE OF THE
 LIENS AGAINST A PARCEL AS PROVIDED HEREIN, THE ENFORCEMENT PROCESS SHALL
 PROCEED ACCORDING TO THE PROVISIONS OF THIS ARTICLE AS LONG AS THE  MOST
 RECENT  LIEN REMAINS UNREDEEMED FOR A PERIOD OF THREE YEARS OR MORE FROM
 THE DATE OF DELINQUENCY OF SUCH LIEN.
   (a) (I) When one or more  liens  against  a  parcel  are  redeemed  as
 provided  herein,  but the earliest lien remains unredeemed, the receipt
 issued to the person redeeming shall include a statement in substantial-
 ly 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."
   (II)  NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH, WHEN ONE OR MORE LIENS AGAINST A PARCEL ARE REDEEMED AS  PROVIDED
 HEREIN  AND SUCH PARCEL IS AN OWNER OCCUPIED SINGLE FAMILY DWELLING, BUT
 THE MOST RECENT LIEN REMAINS UNREDEEMED FOR A PERIOD OF THREE  YEARS  OR
 MORE  FROM  THE  DATE OF DELINQUENCY OF SUCH LIEN, THE RECEIPT ISSUED TO
 THE PERSON REDEEMING SHALL INCLUDE  A  STATEMENT  IN  SUBSTANTIALLY  THE

 A. 4863--B                          3
 
 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."
   §  4.  Subdivision 2 of section 924-a of the real property tax law, as
 amended by chapter 355 of the laws of 2003 and  as  further  amended  by
 subdivision  (b)  of  section  1  of part W of chapter 56 of the laws of
 2010, is amended to read as follows:
   2. The rate of interest applicable to the third  calendar  quarter  of
 each  year,  as set by the commissioner of taxation and finance pursuant
 to subparagraph (A) of paragraph two of subsection (j)  of  section  six
 hundred  ninety-seven  of  the  tax  law,  shall be the rate of interest
 applicable to unpaid real property taxes for purposes of  this  section.
 Such  commissioner shall set such rate on or before the fifteenth day of
 July in each year. Such rate shall be effective for all warrants  issued
 for  a collection period commencing on or after the first day of Septem-
 ber next succeeding the date the rate of interest  is  set.    Provided,
 however, the rate of interest prescribed by this subdivision shall in no
 event  be  less than twelve per centum per annum. PROVIDED, FURTHER, THE
 RATE OF INTEREST PRESCRIBED BY THIS SUBDIVISION SHALL  IN  NO  EVENT  BE
 MORE  THAN  TWELVE  PER CENTUM PER ANNUM WHERE THE TAXABLE REAL PROPERTY
 UPON WHICH SUCH TAX WAS LEVIED IS AN OWNER OCCUPIED SINGLE FAMILY DWELL-
 ING. The commissioner shall inform each  affected  municipality  of  any
 change in the rate established pursuant to this subdivision.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Assembly Bill A4863B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2019-A4863 - Details

2019-A4863 - Summary

2019-A4863 - Bill Text download pdf

co-Sponsors

2019-A4863A - Details

2019-A4863A - Summary

2019-A4863A - Bill Text download pdf

co-Sponsors

2019-A4863B (ACTIVE) - Details

2019-A4863B (ACTIVE) - Summary

2019-A4863B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A4863B

Share this bill

Sponsored By

WOERNER

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Anthony D'Urso

Nader Sayegh

Carmen E. Arroyo

2019-A4863 - Details

2019-A4863 - Summary

2019-A4863 - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Nader Sayegh

Carmen E. Arroyo

2019-A4863A - Details

2019-A4863A - Summary

2019-A4863A - Bill Text download pdf

co-Sponsors

Anthony D'Urso

Nader Sayegh

Carmen E. Arroyo

2019-A4863B (ACTIVE) - Details

2019-A4863B (ACTIVE) - Summary

2019-A4863B (ACTIVE) - Bill Text download pdf

Comments