Senate Bill S2084

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2084
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN, AKSHAR -- 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.
              

                                                            LBD01425-01-1

 S. 2084                             2
 
 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."
   (b)  WHEN  ONE  OR MORE LIENS AGAINST A PARCEL, THAT IS FARM PROPERTY,
 ARE REDEEMED AS PROVIDED IN THIS  ARTICLE,  BUT  THE  MOST  RECENT  LIEN
 REMAINS  UNREDEEMED,  THE  RECEIPT  ISSUED TO THE PERSON REDEEMING SHALL
 INCLUDE A STATEMENT IN SUBSTANTIALLY  THE  FOLLOWING  FORM:  "THIS  FARM
 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."
   (C)  Failure  to  include  such  a  statement on the receipt shall not
 invalidate any tax lien or  prevent  the  enforcement  of  the  same  as
 provided by law.
   §  2.  This  act  shall take effect immediately and shall apply to the
 redemption of liens occurring on and after such effective date.