Senate Bill S4175

2019-2020 Legislative Session

Authorizes municipalities to treat unpaid fines for building code and fire code violations as unpaid real property taxes, except in the case of a primary residence, and to impose a tax lien therefor

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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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2019-S4175 (ACTIVE) - Details

See Assembly Version of this Bill:
A1820
Current Committee:
Senate Rules
Law Section:
Real Property Tax Law
Laws Affected:
Add §901-a, amd §§936 & 1102, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: S6906, A9189
2015-2016: S7586, A5633
2017-2018: S3136, A1720
2021-2022: S962, A1339
2023-2024: S4514, A248

2019-S4175 (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.

2019-S4175 (ACTIVE) - Sponsor Memo

2019-S4175 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4175
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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-a to read as follows:
   §  901-A.  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
 GOVERNING BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING
 THAT FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY, OTHER THAN  A
 PROPERTY  SERVING  AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE OWNERS
 THEREOF, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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