Senate Bill S2864

2019-2020 Legislative Session

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government 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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2019-S2864 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §1112, RPT L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6431
2017-2018: S212
2021-2022: S2084
2023-2024: S5058

2019-S2864 (ACTIVE) - Summary

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last.

2019-S2864 (ACTIVE) - Sponsor Memo

2019-S2864 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2864
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen.  JORDAN -- 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 the redemption
   of multiple liens on farm property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1 and 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.  (A) However, the liens
 ON A PARCEL, WHICH IS NOT FARM PROPERTY, 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
 SUCH  a  parcel  as  provided  [herein] IN THIS ARTICLE, the enforcement
 process shall proceed according to the provisions  of  this  article  as
 long as the earliest lien remains unredeemed.
   (B) HOWEVER, IN THE CASE OF LIENS AGAINST A PARCEL, THAT IS FARM PROP-
 ERTY,  THE  LIENS  MUST  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 REDEMP-
 TION OF ONE OR MORE OF THE LIENS AGAINST A PARCEL THAT IS FARM  PROPERTY
 AS  PROVIDED  IN  THIS  ARTICLE,  THE  ENFORCEMENT PROCESS SHALL PROCEED
 ACCORDING TO THE PROVISIONS OF THIS ARTICLE AS LONG AS THE  MOST  RECENT
 LIEN REMAINS UNREDEEMED.
   2. (a) When one or more liens against a parcel, THAT IS NOT FARM PROP-
 ERTY,  are redeemed as provided [herein] IN THIS ARTICLE, but the earli-
 est lien remains unredeemed, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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