Senate Bill S9230

2021-2022 Legislative Session

Relates to the definition of heirs property for purposes of partition

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly


  • 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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2021-S9230 (ACTIVE) - Details

See Assembly Version of this Bill:
A10522
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §993, RPAP L

2021-S9230 (ACTIVE) - Summary

Relates to the definition of heirs property for purposes of partition.

2021-S9230 (ACTIVE) - Sponsor Memo

2021-S9230 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9230
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to the definition of heirs property for purposes of partition
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (e) of subdivision 2 of section 993 of  the  real
 property  actions  and  proceedings  law, as added by chapter 596 of the
 laws of 2019, is amended to read as follows:
   (e) "Heirs property" means real property held  in  tenancy  in  common
 which  satisfies all of the following requirements as of the filing of a
 partition action:
   (i) there is no agreement in a record binding all  of  the  co-tenants
 which governs the partition of the property;
   (ii)  any  of  the  co-tenants acquired title from a relative, whether
 living or deceased; [and]
   (iii) THE PROPERTY IS USED FOR RESIDENTIAL OR  AGRICULTURAL  PURPOSES;
 AND
   (IV) any of the following applies:
   (A) twenty percent or more of the interests are held by co-tenants who
 are relatives;
   (B)  twenty percent or more of the interests are held by an individual
 who acquired title from a relative, whether living or deceased;
   (C) twenty percent or more of the co-tenants  are  relatives  of  each
 other; or
   (D)  any  co-tenant  who acquired title from a relative resides in the
 property.
   § 2. This act shall take effect immediately and shall apply to actions
 and proceedings pending on and after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15838-02-2



              

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