S T A T E O F N E W Y O R K
________________________________________________________________________
3585
2021-2022 Regular Sessions
I N S E N A T E
January 30, 2021
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Introduced by Sen. COMRIE -- 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 and the administrative code of
the city of New York, in relation to installment payments of real
property taxes; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 972 of the real property tax law,
as amended by section 12 of part B of chapter 389 of the laws of 1997,
is amended to read as follows:
2. Payment schedule. Such local law shall provide the number of
installments and the respective dates upon which each installment shall
be due, the first not later than the last day of the month in which the
respective taxes may be paid without interest without regard to this
title, and the last not later than the last day of the fiscal year for
which it was levied, or in the case of a school district, not later than
the thirty-first day of August following the conclusion of such fiscal
year. Unless the local law provides otherwise, each installment shall
be as nearly equal as possible. PROVIDED, HOWEVER, THAT ANY INSTALLMENT
OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE
DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
PROVIDED, FURTHER, THAT A MUNICIPALITY MAY REQUIRE A RESIDENT SEEKING A
DELAY IN PAYMENTS OF SUCH TAXES PURSUANT TO THIS SUBDIVISION TO DEMON-
STRATE AND PROVE FINANCIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS,
COVID-19 PANDEMIC.
§ 2. Subdivision 1 of section 973 of the real property tax law, as
added by chapter 953 of the laws of 1962, is amended to read as follows:
1. Upon the enactment of such local law by a county pursuant to
section nine hundred seventy-two of this [chapter] TITLE, the town board
of any town may determine that thereafter and until such action be duly
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08320-01-1
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rescinded, the amount of taxes for county, town and special district
purposes constituting in the aggregate an amount in excess of fifty
dollars levied by the board of supervisors pursuant to law upon any
parcel of real property situated within such town, may be paid in
installments as provided in the local law enacted by the county pursuant
to section nine hundred seventy-two of this [chapter] TITLE; PROVIDED,
HOWEVER, THAT ANY INSTALLMENT OF TAX DUE AND PAYABLE IN CALENDAR YEAR
TWO THOUSAND TWENTY-ONE SHALL BE DUE AND PAYABLE BY DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE. PROVIDED, FURTHER, THAT A MUNICIPALITY
MAY REQUIRE A RESIDENT SEEKING A DELAY IN PAYMENTS OF SUCH TAXES PURSU-
ANT TO THIS SUBDIVISION TO DEMONSTRATE AND PROVE FINANCIAL HARDSHIP DUE
TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 3. Section 975 of the real property tax law is amended by adding a
new subdivision 7 to read as follows:
7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY INSTALLMENT
OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE AND
SHALL BE DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
ONE AND A MUNICIPALITY MAY REQUIRE A DEMONSTRATION AND PROOF OF FINAN-
CIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 4. Paragraph (a) of subdivision 1 of section 1326 of the real prop-
erty tax law, as amended by chapter 212 of the laws of 2000, is amended
to read as follows:
(a) Notwithstanding any of the provisions of this chapter, the school
authorities of a city school district may by resolution duly adopted
prior to the annual tax levy in any year determine that thereafter and
until such action be rescinded by the school authorities, any taxes
levied by it upon real property situate within the school district may
be paid in installments, not exceeding six, on or before such days with-
in the fiscal year for which such taxes are to be levied, as may be
prescribed by such resolution; PROVIDED, HOWEVER, THAT ANY INSTALLMENT
OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE
DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
PROVIDED, FURTHER, THAT A MUNICIPALITY MAY REQUIRE A RESIDENT SEEKING A
DELAY IN PAYMENTS OF SUCH TAXES PURSUANT TO THIS SUBDIVISION TO DEMON-
STRATE AND PROVE FINANCIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS,
COVID-19 PANDEMIC. The last such day shall not be later than the thirti-
eth day preceding the end of such fiscal year. Each installment shall be
as nearly equal as possible.
§ 5. Subdivision 1 of section 1326-a of the real property tax law, as
amended by chapter 551 of the laws of 2011, is amended to read as
follows:
1. Notwithstanding any provisions of this chapter or any other general
or special law to the contrary, a school district may, by resolution
adopted by a two-thirds vote prior to the levy of taxes in any year,
provide that thereafter and until such resolution is rescinded, every
tax in excess of fifty dollars levied by the board pursuant to law may
be paid in three installments, the first of which shall be at least
fifty percent of the total tax due, or such other amount as may be
prescribed by such resolution, and shall be paid not later than the last
day of the one month collection period prescribed by subdivision one of
section thirteen hundred twenty-two or section thirteen hundred twenty-
four of this article and, provided the first installment has been paid,
the second shall be at least fifty percent of the remainder, or such
other amount as may be prescribed by such resolution, plus interest at
the rate as determined pursuant to section nine hundred twenty-four-a of
this chapter, and shall be paid on or before the date specified in the
S. 3585 3
resolution for the second payment, and the third shall be the remainder
plus interest at the rate determined pursuant to section nine hundred
twenty-four-a of this chapter and shall be paid on or before the date
specified in the resolution for the expiration of the warrant; PROVIDED,
HOWEVER, THAT ANY INSTALLMENT OF TAX DUE AND PAYABLE IN CALENDAR YEAR
TWO THOUSAND TWENTY-ONE SHALL BE DUE AND PAYABLE BY DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE. PROVIDED, FURTHER, THAT A MUNICIPALITY
MAY REQUIRE A RESIDENT SEEKING A DELAY IN PAYMENTS OF SUCH TAXES PURSU-
ANT TO THIS SUBDIVISION TO DEMONSTRATE AND PROVE FINANCIAL HARDSHIP DUE
TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 6. Section 1326-b of the real property tax law is amended by adding
a new subdivision 1-a to read as follows:
1-A. ANY INSTALLMENT OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOU-
SAND TWENTY-ONE SHALL BE DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE. A MUNICIPALITY MAY REQUIRE DEMONSTRATION AND PROOF
OF FINANCIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 7. Subdivision 1 of section 1327 of the real property tax law, as
added by chapter 380 of the laws of 1995, is amended to read as follows:
1. Notwithstanding any of the provisions of this chapter, the school
authorities of a city school district may by resolution duly adopted
prior to the annual tax levy in any year determine that thereafter and
until such action be rescinded by the school authorities, any taxes on
real property which is used as the principal residence of and owned by
one or more persons, either or both of whom have received an exemption
pursuant to section four hundred sixty-seven of this chapter related to
such property, levied by it upon real property situate within the school
district may be paid in installments, not exceeding six, on or before
such days within the fiscal year for which such taxes are to be levied,
as may be prescribed by such resolution; PROVIDED, HOWEVER, THAT ANY
INSTALLMENT OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWEN-
TY-ONE SHALL BE DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-ONE. PROVIDED, FURTHER, THAT A MUNICIPALITY MAY REQUIRE A RESI-
DENT SEEKING A DELAY IN PAYMENTS OF SUCH TAXES PURSUANT TO THIS SUBDIVI-
SION TO DEMONSTRATE AND PROVE FINANCIAL HARDSHIP DUE TO THE NOVEL CORO-
NAVIRUS, COVID-19 PANDEMIC. The last such day shall not be later than
the thirtieth day preceding the end of such fiscal year. Each install-
ment shall be as nearly equal as possible. Any such resolution shall
state the number of installments, not exceeding six, and the respective
dates upon which the taxes are to become payable. No installment may be
paid unless all prior installments of current taxes, including interest,
shall have been paid or shall be paid at the same time.
§ 8. Subdivision 1 of section 1336 of the real property tax law, as
amended by chapter 763 of the laws of 1982, is amended to read as
follows:
1. Notwithstanding any of the provisions of this chapter or any other
general, special or local law to the contrary, upon the enactment of a
local law by a county pursuant to section nine hundred seventy-two of
this chapter, the school authorities of a school district, other than a
city school district, may determine that thereafter and until such
action be duly rescinded, any taxes in excess of fifty dollars levied by
it upon any parcel of real property within such county situated within
the school district, may be paid in installments as provided in such
local law; PROVIDED, HOWEVER, THAT ANY INSTALLMENT OF TAX DUE AND PAYA-
BLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE DUE AND PAYABLE BY
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. PROVIDED, FURTHER, THAT
A MUNICIPALITY MAY REQUIRE A RESIDENT SEEKING A DELAY IN PAYMENTS OF
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SUCH TAXES PURSUANT TO THIS SUBDIVISION TO DEMONSTRATE AND PROVE FINAN-
CIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 9. Section 1340 of the real property tax law is amended by adding a
new subdivision 7 to read as follows:
7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY INSTALLMENT
OF TAX DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE
DUE AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. A
MUNICIPALITY MAY REQUIRE DEMONSTRATION AND PROOF OF FINANCIAL HARDSHIP
DUE TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 10. Subdivision (a) of section 11-224.1 of the administrative code
of the city of New York, as amended by local law number 66 of the city
of New York for the year 2008, is amended to read as follows:
(a) For real property with an assessed value of two hundred fifty
thousand dollars or less, if an installment of tax due and payable is
not paid by July fifteenth, October fifteenth, January fifteenth or
April fifteenth, interest shall be imposed on such unpaid amounts;
PROVIDED, HOWEVER, THAT ANY INSTALLMENT OF TAX DUE AND PAYABLE IN CALEN-
DAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE DUE AND PAYABLE BY DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE. PROVIDED, FURTHER, THAT A MUNI-
CIPALITY MAY REQUIRE A RESIDENT SEEKING A DELAY IN PAYMENTS OF SUCH
TAXES PURSUANT TO THIS SUBDIVISION TO DEMONSTRATE AND PROVE FINANCIAL
HARDSHIP DUE TO THE NOVEL CORONAVIRUS, COVID-19 PANDEMIC.
§ 11. Paragraph 1 of subdivision (c) of section 11-1785 of the admin-
istrative code of the city of New York, as amended by section 32 of
subpart D of part V-1 of chapter 57 of the laws of 2009, is amended to
read as follows:
(1) Addition to the tax. Except as otherwise provided in this subdivi-
sion and subdivision (d) of this section, in the case of any underpay-
ment of estimated tax by an individual, there shall be added to the tax
under this chapter for the taxable year an amount determined by applying
the underpayment rate established under section 11-1797 of this subchap-
ter, or if no rate is set, at the rate of seven and one-half percent per
annum, to the amount of the underpayment for the period of the underpay-
ment. Such period shall run from the due date for the required install-
ment to the earlier of the fifteenth day of the fourth month following
the close of the taxable year or, with respect to any portion of the
underpayment, the date on which such portion is paid. For purposes of
determining such date, a payment of estimated tax shall be credited
against unpaid required installments in the order in which such install-
ments are required to be paid. There shall be four required installments
for each taxable year, due on April fifteenth, June fifteenth and
September fifteenth of such taxable year and on January fifteenth of the
following taxable year; PROVIDED, HOWEVER, THAT ANY INSTALLMENT OF TAX
DUE AND PAYABLE IN CALENDAR YEAR TWO THOUSAND TWENTY-ONE SHALL BE DUE
AND PAYABLE BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-ONE.
PROVIDED, FURTHER, THAT A MUNICIPALITY MAY REQUIRE A RESIDENT SEEKING A
DELAY IN PAYMENTS OF SUCH TAXES PURSUANT TO THIS SUBDIVISION TO DEMON-
STRATE AND PROVE FINANCIAL HARDSHIP DUE TO THE NOVEL CORONAVIRUS,
COVID-19 PANDEMIC.
§ 12. This act shall take effect immediately and shall expire and be
deemed repealed December 31, 2021.
