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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2019 referred to real property taxation
delivered to assembly
passed senate
May 08, 2019 advanced to third reading
May 07, 2019 2nd report cal.
May 06, 2019 1st report cal.570
Mar 04, 2019 referred to local government

Votes

view votes

May 6, 2019 - Local Government committee Vote

S4175
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Local Government committee vote details

Local Government Committee Vote: May 6, 2019

Co-Sponsors

S4175 (ACTIVE) - Details

See Assembly Version of this Bill:
A1820
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

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.

S4175 (ACTIVE) - Sponsor Memo

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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