assembly Bill A5259A

2015-2016 Legislative Session

Relates to the abatement of public nuisances and demolition and removal of unsafe structures

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Jun 09, 2015 print number 5259a
amend and recommit to local governments
Feb 13, 2015 referred to local governments

Bill Amendments

A5259
A5259A
A5259
A5259A

A5259 - Bill Details

See Senate Version of this Bill:
S4310A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §78-b, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S4310A

A5259 - Bill Texts

view summary

Relates to the abatement of public nuisances and demolition and removal of unsafe structures.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5259

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Local Governments

AN  ACT to amend the general municipal law, in relation to the abatement
  of public nuisances and demolition and removal of unsafe structures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  78-b  of  the general municipal law, as added by
chapter 115 of the laws of 1980, is amended to read as follows:
  S 78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION  and
removal of unsafe structures.  (A) The governing body of any city, town,
or  village  may  commence  a special proceeding in a court of competent
[jursidiction] JURISDICTION to collect the costs of [demolition] ABATING
NUISANCE CONDITIONS OR VIOLATIONS OF THE  UNIFORM  FIRE  PREVENTION  AND
BUILDING CODE OR LOCAL PROPERTY MAINTENANCE CODES OR THE COSTS OF DEMOL-
ISHING OR REMOVING UNSAFE STRUCTURES, including reasonable and necessary
legal  expenses  incidental  to obtaining an order to demolish, from the
owner of any building or structure [that may now be or  shall  hereafter
become dangerous or unsafe to the public] WITH A NUISANCE CONDITION OR A
UNIFORM  CODE  OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR THE OWNER
OF ANY UNSAFE BUILDING OR STRUCTURES. The provisions of article four  of
the  civil  practice  law  and rules shall govern any special proceeding
commenced under this section.
  (B) IF THE VALUE OF A PROPERTY WHICH IS THE SUBJECT  OF  A  PROCEEDING
PURSUANT  TO  SUBDIVISION  (A)  OF THIS SECTION IS LESS THAN THE COST OF
ABATING THE NUISANCE CONDITION OR  CODE  VIOLATION  OR  DEMOLISHING  THE
UNSAFE  STRUCTURE,  THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN SEEKING TO
RECOVER THE COST OF ABATEMENT OR  DEMOLITION,  DISREGARD  THE  CORPORATE
FORM  OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED
LIABILITY PARTNERSHIP WHICH OWNS THE PROPERTY, EITHER  IN  WHOLE  OR  IN
PART,  IF  THE  ASSETS  OF  THE  BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-01-5

A. 5259                             2

COST  OF  ABATEMENT  OR DEMOLITION AND THE BUSINESS CORPORATION, LIMITED
LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP EITHER  (I)  MADE  A
PROFIT  ON  THE  PROPERTY AT ANY TIME DURING THE FIVE YEARS PRIOR TO THE
ABATEMENT OR DEMOLITION OR (II) USED FINANCIAL LOSSES ON THE PROPERTY TO
WRITE-OFF  CAPITAL  GAINS OR INCOME FROM OTHER PROPERTIES THAT THE BUSI-
NESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY  PART-
NERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLITION.
  S 2. This act shall take effect immediately.

Co-Sponsors

A5259A - Bill Details

See Senate Version of this Bill:
S4310A
Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §78-b, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S4310A

A5259A - Bill Texts

view summary

Relates to the abatement of public nuisances and demolition and removal of unsafe structures.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5259--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee  on  Local  Governments  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law, in relation to the  abatement
  of public nuisances and demolition and removal of unsafe structures

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 78-b of the general  municipal  law,  as  added  by
chapter 115 of the laws of 1980, is amended to read as follows:
  S  78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION and
removal of unsafe structures.  (A) SUMMARY ABATEMENT OF NUISANCE PROPER-
TIES AND UNSAFE STRUCTURES:
  (1) THE GOVERNING BODY OF ANY CITY, TOWN, OR  VILLAGE  MAY  ORDER  ANY
PROPERTY  OWNER  TO REMEDIATE ANY PUBLIC NUISANCE CONDITION, AS KNOWN AT
COMMON LAW OR IN EQUITY JURISPRUDENCE, FOUND ON THE OWNER'S PROPERTY. IF
THE PROPERTY OWNER FAILS TO COMPLY WITH THE ORDER,  THE  GOVERNING  BODY
MAY,  WITHOUT  OBTAINING  A  COURT  ORDER, REMEDIATE THE PUBLIC NUISANCE
CONDITION USING LOCAL OFFICIALS AND EMPLOYEES OR BY RETAINING  AN  INDE-
PENDENT CONTRACTOR.
  (2)  THE LOCAL GOVERNMENT MAY PLACE A LIEN ON ANY PROPERTY THAT IS THE
SUBJECT OF A MUNICIPAL NUISANCE ABATEMENT PURSUANT TO PARAGRAPH  ONE  OF
THIS  SUBDIVISION  IN  THE  AMOUNT  OF THE EXPENSES THE LOCAL GOVERNMENT
INCURS IN REMEDIATING THE PUBLIC NUISANCE  CONDITION.  THE  LIEN  LEVIED
PURSUANT  TO THIS PARAGRAPH IS ONLY VALID IF THE LOCAL GOVERNMENT SERVES
A NOTICE AND ORDER DIRECTING THE PROPERTY OWNER TO REMEDY  THE  NUISANCE
CONDITION WITHIN A REASONABLE TIMEFRAME PRIOR TO UNDERTAKING THE SUMMARY
ABATEMENT OF THE NUISANCE CONDITION. THE NOTICE AND ORDER MUST BE SERVED
IN  ACCORDANCE  WITH  THE  CIVIL PRACTICE LAW AND RULES. THE REQUIREMENT
THAT THE NOTICE AND ORDER BE SERVED  PRIOR  TO  THE  LOCAL  GOVERNMENT'S
ABATEMENT  OF THE PUBLIC NUISANCE CONDITION MAY BE DISPENSED WITH IF THE
NUISANCE CONDITION IS IMMINENTLY DANGEROUS TO THE  PUBLIC'S  HEALTH  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-03-5

A. 5259--A                          2

SAFETY AND MUST BE REMEDIATED IN A TIMEFRAME THAT DOES NOT PERMIT NOTICE
TO THE PROPERTY OWNER PRIOR TO REMEDIATION.
  (3)  THE GOVERNING BODY OF ANY CITY, TOWN, OR VILLAGE MAY DELEGATE THE
AUTHORITY TO ORDER REMEDIATION OF A PUBLIC NUISANCE  AND  TO  ORDER  THE
SUMMARY  ABATEMENT OF A PUBLIC NUISANCE CONDITION TO A MUNICIPAL DEPART-
MENT OR OFFICER.
  (4) NOTHING CONTAINED IN THIS  SECTION  IS  DEEMED  TO  PREEMPT  LOCAL
GOVERNMENTS  FROM ABATING PUBLIC NUISANCES PURSUANT TO COMMON LAW JURIS-
PRUDENCE OR FROM ADOPTING LOCAL LAWS  PROVIDING  FOR  THE  ABATEMENT  OF
PUBLIC NUISANCES.
  (B) TAX PAYER RELIEF FOR NEGLECTED AND ABANDONED PROPERTIES.
  (1)  The  governing  body of any city, town, or village may commence a
special proceeding in a court of competent  [jursidiction]  JURISDICTION
to  collect  the  costs  of  [demolition] ABATING NUISANCE CONDITIONS OR
VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND  BUILDING  CODE  OR  LOCAL
PROPERTY  MAINTENANCE  CODES  OR  THE  COSTS  OF DEMOLISHING OR REMOVING
UNSAFE STRUCTURES, including reasonable  and  necessary  legal  expenses
incidental to obtaining an order to ABATE OR demolish, from the owner of
any  [building  or  structure  that may now be or shall hereafter become
dangerous or unsafe to the public] PROPERTY WITH A NUISANCE CONDITION OR
A UNIFORM CODE OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR THE OWNER
OF ANY UNSAFE BUILDING OR STRUCTURE. The provisions of article  four  of
the  civil  practice  law  and rules shall govern any special proceeding
commenced under this section.
  (2) IF THE VALUE OF A PROPERTY WHICH IS THE SUBJECT  OF  A  PROCEEDING
PURSUANT  TO  PARAGRAPH ONE OF THIS SUBDIVISION IS LESS THAN THE COST OF
ABATING THE NUISANCE CONDITION OR  CODE  VIOLATION  OR  DEMOLISHING  THE
UNSAFE  STRUCTURE,  THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN SEEKING TO
RECOVER THE COST OF ABATEMENT OR  DEMOLITION,  DISREGARD  THE  CORPORATE
FORM  OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED
LIABILITY PARTNERSHIP WHICH OWNS THE PROPERTY, EITHER  IN  WHOLE  OR  IN
PART,  IF  (I) THE ASSETS OF THE BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER  THE
COST  OF  ABATEMENT  OR  DEMOLITION  AND  (II) THE BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP  EITHER  (A)
MADE A PROFIT ON THE PROPERTY AT ANY TIME DURING THE FIVE YEARS PRIOR TO
THE ABATEMENT OR DEMOLITION OR (B) USED FINANCIAL LOSSES ON THE PROPERTY
TO  WRITE-OFF  CAPITAL  GAINS  OR  INCOME FROM OTHER PROPERTIES THAT THE
BUSINESS CORPORATION, LIMITED LIABILITY COMPANY,  OR  LIMITED  LIABILITY
PARTNERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLI-
TION.
  S 2. This act shall take effect immediately.

assembly Bill A5259

2015-2016 Legislative Session

Relates to the abatement of public nuisances and demolition and removal of unsafe structures

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to local governments
Jun 09, 2015 print number 5259a
amend and recommit to local governments
Feb 13, 2015 referred to local governments

Bill Amendments

A5259
A5259A
A5259
A5259A

A5259 - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §78-b, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S4310A

A5259 - Bill Texts

view summary

Relates to the abatement of public nuisances and demolition and removal of unsafe structures.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5259

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Local Governments

AN  ACT to amend the general municipal law, in relation to the abatement
  of public nuisances and demolition and removal of unsafe structures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  78-b  of  the general municipal law, as added by
chapter 115 of the laws of 1980, is amended to read as follows:
  S 78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION  and
removal of unsafe structures.  (A) The governing body of any city, town,
or  village  may  commence  a special proceeding in a court of competent
[jursidiction] JURISDICTION to collect the costs of [demolition] ABATING
NUISANCE CONDITIONS OR VIOLATIONS OF THE  UNIFORM  FIRE  PREVENTION  AND
BUILDING CODE OR LOCAL PROPERTY MAINTENANCE CODES OR THE COSTS OF DEMOL-
ISHING OR REMOVING UNSAFE STRUCTURES, including reasonable and necessary
legal  expenses  incidental  to obtaining an order to demolish, from the
owner of any building or structure [that may now be or  shall  hereafter
become dangerous or unsafe to the public] WITH A NUISANCE CONDITION OR A
UNIFORM  CODE  OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR THE OWNER
OF ANY UNSAFE BUILDING OR STRUCTURES. The provisions of article four  of
the  civil  practice  law  and rules shall govern any special proceeding
commenced under this section.
  (B) IF THE VALUE OF A PROPERTY WHICH IS THE SUBJECT  OF  A  PROCEEDING
PURSUANT  TO  SUBDIVISION  (A)  OF THIS SECTION IS LESS THAN THE COST OF
ABATING THE NUISANCE CONDITION OR  CODE  VIOLATION  OR  DEMOLISHING  THE
UNSAFE  STRUCTURE,  THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN SEEKING TO
RECOVER THE COST OF ABATEMENT OR  DEMOLITION,  DISREGARD  THE  CORPORATE
FORM  OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED
LIABILITY PARTNERSHIP WHICH OWNS THE PROPERTY, EITHER  IN  WHOLE  OR  IN
PART,  IF  THE  ASSETS  OF  THE  BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-01-5

A. 5259                             2

COST  OF  ABATEMENT  OR DEMOLITION AND THE BUSINESS CORPORATION, LIMITED
LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP EITHER  (I)  MADE  A
PROFIT  ON  THE  PROPERTY AT ANY TIME DURING THE FIVE YEARS PRIOR TO THE
ABATEMENT OR DEMOLITION OR (II) USED FINANCIAL LOSSES ON THE PROPERTY TO
WRITE-OFF  CAPITAL  GAINS OR INCOME FROM OTHER PROPERTIES THAT THE BUSI-
NESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY  PART-
NERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLITION.
  S 2. This act shall take effect immediately.

Co-Sponsors

A5259A - Bill Details

Current Committee:
Law Section:
General Municipal Law
Laws Affected:
Amd §78-b, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S4310A

A5259A - Bill Texts

view summary

Relates to the abatement of public nuisances and demolition and removal of unsafe structures.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5259--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee  on  Local  Governments  --  committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general municipal law, in relation to the  abatement
  of public nuisances and demolition and removal of unsafe structures

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 78-b of the general  municipal  law,  as  added  by
chapter 115 of the laws of 1980, is amended to read as follows:
  S  78-b. [Demolition] ABATEMENT OF PUBLIC NUISANCES AND DEMOLITION and
removal of unsafe structures.  (A) SUMMARY ABATEMENT OF NUISANCE PROPER-
TIES AND UNSAFE STRUCTURES:
  (1) THE GOVERNING BODY OF ANY CITY, TOWN, OR  VILLAGE  MAY  ORDER  ANY
PROPERTY  OWNER  TO REMEDIATE ANY PUBLIC NUISANCE CONDITION, AS KNOWN AT
COMMON LAW OR IN EQUITY JURISPRUDENCE, FOUND ON THE OWNER'S PROPERTY. IF
THE PROPERTY OWNER FAILS TO COMPLY WITH THE ORDER,  THE  GOVERNING  BODY
MAY,  WITHOUT  OBTAINING  A  COURT  ORDER, REMEDIATE THE PUBLIC NUISANCE
CONDITION USING LOCAL OFFICIALS AND EMPLOYEES OR BY RETAINING  AN  INDE-
PENDENT CONTRACTOR.
  (2)  THE LOCAL GOVERNMENT MAY PLACE A LIEN ON ANY PROPERTY THAT IS THE
SUBJECT OF A MUNICIPAL NUISANCE ABATEMENT PURSUANT TO PARAGRAPH  ONE  OF
THIS  SUBDIVISION  IN  THE  AMOUNT  OF THE EXPENSES THE LOCAL GOVERNMENT
INCURS IN REMEDIATING THE PUBLIC NUISANCE  CONDITION.  THE  LIEN  LEVIED
PURSUANT  TO THIS PARAGRAPH IS ONLY VALID IF THE LOCAL GOVERNMENT SERVES
A NOTICE AND ORDER DIRECTING THE PROPERTY OWNER TO REMEDY  THE  NUISANCE
CONDITION WITHIN A REASONABLE TIMEFRAME PRIOR TO UNDERTAKING THE SUMMARY
ABATEMENT OF THE NUISANCE CONDITION. THE NOTICE AND ORDER MUST BE SERVED
IN  ACCORDANCE  WITH  THE  CIVIL PRACTICE LAW AND RULES. THE REQUIREMENT
THAT THE NOTICE AND ORDER BE SERVED  PRIOR  TO  THE  LOCAL  GOVERNMENT'S
ABATEMENT  OF THE PUBLIC NUISANCE CONDITION MAY BE DISPENSED WITH IF THE
NUISANCE CONDITION IS IMMINENTLY DANGEROUS TO THE  PUBLIC'S  HEALTH  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08709-03-5

A. 5259--A                          2

SAFETY AND MUST BE REMEDIATED IN A TIMEFRAME THAT DOES NOT PERMIT NOTICE
TO THE PROPERTY OWNER PRIOR TO REMEDIATION.
  (3)  THE GOVERNING BODY OF ANY CITY, TOWN, OR VILLAGE MAY DELEGATE THE
AUTHORITY TO ORDER REMEDIATION OF A PUBLIC NUISANCE  AND  TO  ORDER  THE
SUMMARY  ABATEMENT OF A PUBLIC NUISANCE CONDITION TO A MUNICIPAL DEPART-
MENT OR OFFICER.
  (4) NOTHING CONTAINED IN THIS  SECTION  IS  DEEMED  TO  PREEMPT  LOCAL
GOVERNMENTS  FROM ABATING PUBLIC NUISANCES PURSUANT TO COMMON LAW JURIS-
PRUDENCE OR FROM ADOPTING LOCAL LAWS  PROVIDING  FOR  THE  ABATEMENT  OF
PUBLIC NUISANCES.
  (B) TAX PAYER RELIEF FOR NEGLECTED AND ABANDONED PROPERTIES.
  (1)  The  governing  body of any city, town, or village may commence a
special proceeding in a court of competent  [jursidiction]  JURISDICTION
to  collect  the  costs  of  [demolition] ABATING NUISANCE CONDITIONS OR
VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND  BUILDING  CODE  OR  LOCAL
PROPERTY  MAINTENANCE  CODES  OR  THE  COSTS  OF DEMOLISHING OR REMOVING
UNSAFE STRUCTURES, including reasonable  and  necessary  legal  expenses
incidental to obtaining an order to ABATE OR demolish, from the owner of
any  [building  or  structure  that may now be or shall hereafter become
dangerous or unsafe to the public] PROPERTY WITH A NUISANCE CONDITION OR
A UNIFORM CODE OR LOCAL PROPERTY MAINTENANCE CODE VIOLATION OR THE OWNER
OF ANY UNSAFE BUILDING OR STRUCTURE. The provisions of article  four  of
the  civil  practice  law  and rules shall govern any special proceeding
commenced under this section.
  (2) IF THE VALUE OF A PROPERTY WHICH IS THE SUBJECT  OF  A  PROCEEDING
PURSUANT  TO  PARAGRAPH ONE OF THIS SUBDIVISION IS LESS THAN THE COST OF
ABATING THE NUISANCE CONDITION OR  CODE  VIOLATION  OR  DEMOLISHING  THE
UNSAFE  STRUCTURE,  THEN THE CITY, VILLAGE, OR TOWN MAY, WHEN SEEKING TO
RECOVER THE COST OF ABATEMENT OR  DEMOLITION,  DISREGARD  THE  CORPORATE
FORM  OF ANY BUSINESS CORPORATION, LIMITED LIABILITY COMPANY, OR LIMITED
LIABILITY PARTNERSHIP WHICH OWNS THE PROPERTY, EITHER  IN  WHOLE  OR  IN
PART,  IF  (I) THE ASSETS OF THE BUSINESS CORPORATION, LIMITED LIABILITY
COMPANY, OR LIMITED LIABILITY PARTNERSHIP ARE INSUFFICIENT TO COVER  THE
COST  OF  ABATEMENT  OR  DEMOLITION  AND  (II) THE BUSINESS CORPORATION,
LIMITED LIABILITY COMPANY, OR LIMITED LIABILITY PARTNERSHIP  EITHER  (A)
MADE A PROFIT ON THE PROPERTY AT ANY TIME DURING THE FIVE YEARS PRIOR TO
THE ABATEMENT OR DEMOLITION OR (B) USED FINANCIAL LOSSES ON THE PROPERTY
TO  WRITE-OFF  CAPITAL  GAINS  OR  INCOME FROM OTHER PROPERTIES THAT THE
BUSINESS CORPORATION, LIMITED LIABILITY COMPANY,  OR  LIMITED  LIABILITY
PARTNERSHIP OWNS DURING THE FIVE YEARS PRIOR TO THE ABATEMENT OR DEMOLI-
TION.
  S 2. This act shall take effect immediately.

senate Bill S23

2015-2016 Legislative Session

Amends the definition of allowable college tuition expenses and establishes a new schedule of tax credits for allowable college tuition expenses

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

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 14, 2016 referred to ways and means
delivered to assembly
passed senate
ordered to third reading cal.1634
committee discharged and committed to rules
Feb 12, 2016 print number 23a
amend and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Bill Amendments

S23
S23A
S23
S23A

Co-Sponsors

view additional co-sponsors

S23 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2223
2011-2012: S5884

S23 - Bill Texts

view summary

Amends the definition of allowable college tuition expenses and establishes a new schedule of tax credits for allowable college tuition expenses.

view sponsor memo
BILL NUMBER: S23

TITLE OF BILL : An act to amend the tax law, in relation to the
definition of "allowable college tuition expenses" and the tax credit
allowed for such expenses

PURPOSE :

This bill amends the definition of "allowable college tuition
expenses" to increase the amount of tuition paid in a given taxable
year for which the taxpayer may be eligible to claim a tax deduction
or a tax credit, from the current $10,000 to $20,000 over the next
five years.

SUMMARY OF PROVISIONS :

Section 1. Subparagraph (A) of paragraph 2 of subsection (t) of
section 606 of the tax law, as amended by section 1 of part N of
chapter 85 of the laws of 2002 is amended to change the definition of
"allowable college tuition expenses".

Section 2. Paragraph 4 of subsection (t) of section 606 of the tax
law, as added by section 1 of part DD of chapter 63 of the laws of
2000 is amended to change the amount of the credit pursuant to an
amended schedule.

Section 3. Sets forth the effective date.

JUSTIFICATION :

Under existing law, a taxpayer is authorized to claim either a tax
credit or itemized deduction for the amount of tuition paid by such
taxpayer in a given taxable year, whichever yields the greatest tax
benefit. The maximum allowable tuition expenses that can be claimed is
currently $10,000. This bill would increase the allowable amount of
tuition expenses paid that could be claimed for the credit or itemized
deduction from $10,000 to $20,000 gradually over the next 5 years.

With the cost of college tuition on the rise, and more students and
families struggling to afford a college degree, this bill will help
ease the burden by increasing the tax credit/deduction for college
tuition paid in a given year.

LEGISLATIVE HISTORY :

2013-14 S.2223; 2011-12 S.5884.

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   23

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens. LAVALLE, DeFRANCISCO, GRIFFO, MARCHIONE, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  to
  the Committee on Investigations and Government Operations

AN ACT to amend the tax law, in relation to the definition of "allowable
  college tuition expenses" and the tax credit allowed for such expenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (A)  of  paragraph  2  of  subsection  (t)  of
section 606 of the tax law, as amended by section 1 of part N of chapter
85 of the laws of 2002, is amended to read as follows:
  (A)  The  term  "allowable  college  tuition  expenses" shall mean the
amount of qualified college tuition expenses of eligible  students  paid
by  the  taxpayer  during  the  taxable year[,]. THE AMOUNT OF QUALIFIED
COLLEGE TUITION EXPENSES SHALL BE limited [to] AS FOLLOWS:  FOR  TAXABLE
YEARS  BEGINNING AFTER TWO THOUSAND AND BEFORE TWO THOUSAND SIXTEEN, ten
thousand dollars for each such student; FOR TAXABLE YEARS  BEGINNING  IN
TWO  THOUSAND  SIXTEEN,  TWELVE  THOUSAND  DOLLARS FOR EACH STUDENT; FOR
TAXABLE YEARS BEGINNING IN TWO  THOUSAND  SEVENTEEN,  FOURTEEN  THOUSAND
DOLLARS  FOR  EACH  STUDENT; FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND
EIGHTEEN, SIXTEEN THOUSAND DOLLARS FOR EACH STUDENT; FOR  TAXABLE  YEARS
BEGINNING  IN  TWO THOUSAND NINETEEN, EIGHTEEN THOUSAND DOLLARS FOR EACH
STUDENT; AND FOR TAXABLE YEARS BEGINNING AFTER  TWO  THOUSAND  NINETEEN,
TWENTY THOUSAND DOLLARS PER STUDENT;
  S  2.  Paragraph 4 of subsection (t) of section 606 of the tax law, as
added by section 1 of part DD of chapter 63 of  the  laws  of  2000,  is
amended to read as follows:
  (4)  Amount of credit. [If allowable college tuition expenses are less
than five thousand dollars, the amount of the credit provided under this
subsection shall be equal to the applicable percentage of the lesser  of
allowable  college tuition expenses or two hundred dollars. If allowable

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00956-01-5

S. 23                               2

college tuition expenses are five thousand dollars or more,  the  amount
of  the  credit  provided  under  this  subsection shall be equal to the
applicable percentage of the allowable college tuition  expenses  multi-
plied by four percent.]
  THE  AMOUNT  OF  THE CREDIT SHALL BE DETERMINED IN ACCORDANCE WITH THE
FOLLOWING SCHEDULES:
  (A) FOR TAXABLE YEARS BEGINNING AFTER  TWO  THOUSAND  AND  BEFORE  TWO
THOUSAND SIXTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN FIVE THOUSAND DOLLARS     THE APPLICABLE PERCENTAGE OF THE
                                    LESSER OF ALLOWABLE COLLEGE TUITION
                                    EXPENSES OR TWO HUNDRED DOLLARS
FIVE THOUSAND DOLLARS OR MORE       THE APPLICABLE PERCENTAGE OF
                                    ALLOWABLE COLLEGE TUITION EXPENSES
                                    MULTIPLIED BY FOUR PERCENT
  (B) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND SIXTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN SIX THOUSAND DOLLARS      THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR TWO HUNDRED
                                    FORTY DOLLARS
SIX THOUSAND DOLLARS OR MORE        THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND SEVENTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN SEVEN THOUSAND DOLLARS    THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR TWO HUNDRED
                                    EIGHTY DOLLARS
SEVEN THOUSAND DOLLARS OR MORE      THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (D) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND EIGHTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN EIGHT THOUSAND DOLLARS    THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR THREE HUNDRED
                                    TWENTY DOLLARS
EIGHT THOUSAND DOLLARS OR MORE      THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (E) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN NINE THOUSAND DOLLARS     THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR THREE HUNDRED
                                    SIXTY DOLLARS
NINE THOUSAND DOLLARS OR MORE       THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (F) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINETEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN TEN THOUSAND DOLLARS      THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR FOUR HUNDRED
                                    DOLLARS
TEN THOUSAND DOLLARS OR MORE        THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT

S. 23                               3

  Such  applicable  percentage  shall be twenty-five percent for taxable
years beginning in two thousand one, fifty  percent  for  taxable  years
beginning  in  two  thousand two, seventy-five percent for taxable years
beginning in two thousand three and  one  hundred  percent  for  taxable
years beginning after two thousand three.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2016.

Co-Sponsors

view additional co-sponsors

S23A - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §606, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2223
2011-2012: S5884

S23A - Bill Texts

view summary

Amends the definition of allowable college tuition expenses and establishes a new schedule of tax credits for allowable college tuition expenses.

view sponsor memo
BILL NUMBER: S23A

TITLE OF BILL : An act to amend the tax law, in relation to the
definition of "allowable college tuition expenses" and the tax credit
allowed for such expenses

PURPOSE :

This bill amends the definition of "allowable college tuition
expenses" to increase the amount of tuition paid in a given taxable
year for which the taxpayer may be eligible to claim a tax deduction
or a tax credit, from the current $10,000 to $20,000 over the next
five years.

SUMMARY OF PROVISIONS :

Section 1. Subparagraph (A) of paragraph 2 of subsection (t) of
section 606 of the tax law, as amended by section 1 of part N of
chapter 85 of the laws of 2002 is amended to change the definition of
"allowable college tuition expenses".

Section 2. Paragraph 4 of subsection (t) of section 606 of the tax
law, as added by section 1 of part DD of chapter 63 of the laws of
2000 is amended to change the amount of the credit pursuant to an
amended schedule.

Section 3. Sets forth the effective date.

JUSTIFICATION :

Under existing law, a taxpayer is authorized to claim either a tax
credit or itemized deduction for the amount of tuition paid by such
taxpayer in a given taxable year, whichever yields the greatest tax
benefit. The maximum allowable tuition expenses that can be claimed is
currently $10,000. This bill would increase the allowable amount of
tuition expenses paid that could be claimed for the credit or itemized
deduction from $10,000 to $20,000 gradually over the next 5 years.

With the cost of college tuition on the rise, and more students and
families struggling to afford a college degree, this bill will help
ease the burden by increasing the tax credit/deduction for college
tuition paid in a given year.

LEGISLATIVE HISTORY :

2013-14 S.2223;
2011-12 S.5884.

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  23--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  LAVALLE,  DeFRANCISCO,  FLANAGAN,  FUNKE, GRIFFO,
  MARCHIONE, RANZENHOFER, SEWARD -- read twice and ordered printed,  and
  when  printed  to  be committed to the Committee on Investigations and
  Government Operations -- recommitted  to  the  Committee  on  Investi-
  gations  and  Government  Operations in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to the definition of "allowable
  college tuition expenses" and the tax credit allowed for such expenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (A)  of  paragraph  2  of  subsection  (t)  of
section 606 of the tax law, as amended by section 1 of part N of chapter
85 of the laws of 2002, is amended to read as follows:
  (A)  The  term  "allowable  college  tuition  expenses" shall mean the
amount of qualified college tuition expenses of eligible  students  paid
by  the  taxpayer  during  the  taxable year[,]. THE AMOUNT OF QUALIFIED
COLLEGE TUITION EXPENSES SHALL BE limited [to] AS FOLLOWS:  FOR  TAXABLE
YEARS BEGINNING AFTER TWO THOUSAND AND BEFORE TWO THOUSAND EIGHTEEN, ten
thousand  dollars  for each such student; FOR TAXABLE YEARS BEGINNING IN
TWO THOUSAND EIGHTEEN, TWELVE THOUSAND DOLLARS  FOR  EACH  STUDENT;  FOR
TAXABLE  YEARS  BEGINNING  IN  TWO  THOUSAND NINETEEN, FOURTEEN THOUSAND
DOLLARS FOR EACH STUDENT; FOR TAXABLE YEARS BEGINNING  IN  TWO  THOUSAND
TWENTY,  SIXTEEN  THOUSAND  DOLLARS  FOR EACH STUDENT; FOR TAXABLE YEARS
BEGINNING IN TWO THOUSAND TWENTY-ONE, EIGHTEEN THOUSAND DOLLARS FOR EACH
STUDENT; AND FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND  TWENTY-ONE,
TWENTY THOUSAND DOLLARS PER STUDENT;
  S  2.  Paragraph 4 of subsection (t) of section 606 of the tax law, as
added by section 1 of part DD of chapter 63 of  the  laws  of  2000,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00956-02-6

S. 23--A                            2

  (4)  Amount of credit. [If allowable college tuition expenses are less
than five thousand dollars, the amount of the credit provided under this
subsection shall be equal to the applicable percentage of the lesser  of
allowable  college tuition expenses or two hundred dollars. If allowable
college  tuition  expenses are five thousand dollars or more, the amount
of the credit provided under this  subsection  shall  be  equal  to  the
applicable  percentage  of the allowable college tuition expenses multi-
plied by four percent.]
  THE AMOUNT OF THE CREDIT SHALL BE DETERMINED IN  ACCORDANCE  WITH  THE
FOLLOWING SCHEDULES:
  (A)  FOR  TAXABLE  YEARS  BEGINNING  AFTER TWO THOUSAND AND BEFORE TWO
THOUSAND EIGHTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN FIVE THOUSAND DOLLARS     THE APPLICABLE PERCENTAGE OF THE
                                    LESSER OF ALLOWABLE COLLEGE TUITION
                                    EXPENSES OR TWO HUNDRED DOLLARS
FIVE THOUSAND DOLLARS OR MORE       THE APPLICABLE PERCENTAGE OF
                                    ALLOWABLE COLLEGE TUITION EXPENSES
                                    MULTIPLIED BY FOUR PERCENT
  (B) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND EIGHTEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN SIX THOUSAND DOLLARS      THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR TWO HUNDRED
                                    FORTY DOLLARS
SIX THOUSAND DOLLARS OR MORE        THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (C) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND NINETEEN:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN SEVEN THOUSAND DOLLARS    THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR TWO HUNDRED
                                    EIGHTY DOLLARS
SEVEN THOUSAND DOLLARS OR MORE      THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (D) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND TWENTY:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN EIGHT THOUSAND DOLLARS    THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR THREE HUNDRED
                                    TWENTY DOLLARS
EIGHT THOUSAND DOLLARS OR MORE      THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (E) FOR TAXABLE YEARS BEGINNING IN TWO THOUSAND TWENTY-ONE:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN NINE THOUSAND DOLLARS     THE LESSER OF ALLOWABLE COLLEGE
                                    TUITION EXPENSES OR THREE HUNDRED
                                    SIXTY DOLLARS
NINE THOUSAND DOLLARS OR MORE       THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  (F) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND TWENTY-ONE:
IF ALLOWABLE COLLEGE TUITION        THE TAX CREDIT IS EQUAL TO:
EXPENSES ARE:
LESS THAN TEN THOUSAND DOLLARS      THE LESSER OF ALLOWABLE COLLEGE

S. 23--A                            3

                                    TUITION EXPENSES OR FOUR HUNDRED
                                    DOLLARS
TEN THOUSAND DOLLARS OR MORE        THE ALLOWABLE COLLEGE TUITION
                                    EXPENSES MULTIPLIED BY FOUR PERCENT
  Such  applicable  percentage  shall be twenty-five percent for taxable
years beginning in two thousand one, fifty  percent  for  taxable  years
beginning  in  two  thousand two, seventy-five percent for taxable years
beginning in two thousand three and  one  hundred  percent  for  taxable
years beginning after two thousand three.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2018.

senate Bill S25

2015-2016 Legislative Session

Allows a mortgagor to receive an assignment of mortgage in lieu of a discharge of mortgage when the mortgagor is refinancing an existing loan

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to judiciary
returned to senate
died in assembly
Jun 09, 2015 referred to judiciary
delivered to assembly
passed senate
Jun 08, 2015 ordered to third reading cal.1337
committee discharged and committed to rules
Jan 07, 2015 referred to judiciary

S25 - Bill Details

Current Committee:
Law Section:
Real Property Law
Laws Affected:
Amd §275, RP L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2312
2011-2012: S2906
2009-2010: S2566

S25 - Bill Texts

view summary

Allows a mortgagor to receive an assignment of mortgage in lieu of a discharge of mortgage when the mortgagor is refinancing an existing loan.

view sponsor memo
BILL NUMBER: S25

TITLE OF BILL : An act to amend the real property law, in relation
to allowing an assignment of mortgage in lieu of a certificate of
discharge

PURPOSE : To allow property owners who have paid off their mortgage
as part of refinancing their property with a new bank to get either a
certificate of discharge or an assignment of the mortgage.

SUMMARY OF PROVISIONS : The bill amends subdivision 2 of § 275 of the
Real Property Law to allow a property owner who has paid off a
mortgage to demand either an assignment of their mortgage or a
certificate of discharge from the bank which holds the mortgage. The
assignment or certificate of discharge shall be available only for
refinancing purposes thereby preventing the problem of dormant
mortgages. If the mortgagor wishes an assignment rather than a
certificate of discharge, the demand must be made in writing and state
that the reason for the assignment is to effectuate the refinancing of
an existing loan with a new lender. The original lender shall then
assign the note and mortgage securing its payment to another lender.

JUSTIFICATION : Prior to 1989, § 275 of the Real Property Law allowed
an owner of property covered by a mortgage to demand an assignment of
a mortgage in lieu of a certificate of discharge whenever the "full
amount of the principal and interest due on the mortgage is tendered
or paid....". In 1989 and 1990, however, RPL § 275 was changed
completely, in large part to curtail the use of "dormant mortgages"
(mortgages used by mortgagors who would pay off their old mortgages
and have them assigned to themselves and would use these same dormant
mortgages to borrow "new" money in order to avoid paying a new
mortgage tax).

When RPL § 275 was changed in 1989, however, despite the fact that the
"new" § 275 still allowed for the possibility of mortgagors getting an
assignment from the original bank, SEE RPL § 275.2 (C) AND 3, the
right of a mortgagor to demand an assignment of mortgage upon payment
in full -- in lieu of a certificate of discharge -- was deleted from
the new section. Currently, many banks are taking the position that
they are no longer required to deliver an assignment of the mortgage
in connection with a refinancing with a new lender and, when their
mortgage is paid off by a customer refinancing with a different bank,
are delivering certificates of discharge only. This causes mortgagors
who are refinancing existing mortgage debt with a new bank to have to
pay a part of their mortgage tax twice -- not only on the amount
refinanced which is "new debt" (any increase over the amount still due
on the first mortgage), which has not yet been taxed, but on the
"original" mortgage debt as well, which was taxed when the original
mortgage was taken out, likely many years earlier.

The bill, introduced in the 220th Session (S.2787/A.73, Lack/Feldman),
was vetoed by Governor Cuomo (S.6935-A/A.9115-A; Veto #32 of 1994) and
Governor Pataki (S.1298/A.253; Veto #87 of 1996), both citing the
severe loss in mortgage recording tax revenue as the reason for the
veto. However, these vetoes ignored a memo issued by the Department of
Taxation & Finance on August 3, 1989, to clarify the meaning of LPL §
275 when it was amended. That memo outlines the common route an
individual might take to refinance a loan and concludes that
"throughout this chain of events the property remains subject to the
lien of the original mortgage, which collateralizes the debt that is
owed first to the old lender and then to the new lender. The common
refinancing transaction will NOT, (emphasis added) be subject to
section 275 because the mortgaged property continues at all times to
serve as collateral for a bona fide debt." If there is new debt added
to the loan in the course of refinancing, that part of the debt would

be subject to the mortgage recording tax, and this bill does nothing
to change that.

Since the veto by Governor Pataki in 1996, several Tax Tribunal
decisions and a court decision, CITY OF NEW YORK V. NYS TAX TRIBUNAL,
(231AD2d 267, 660 NYS2d 753), have overturned the argument that
refinancing of a mortgage should require payment of a mortgage tax on
the amount refinanced - which upholds the above explanation from the
Department of Taxation & Finance. Therefore, the argument that this
bill will cause a revenue loss to the state or localities is
inaccurate. In fact, the mortgage taxes collected on refinanced
amounts of mortgages since the law was changed in 1989, were illegally
collected.

This bill allows mortgagors who are refinancing to demand either an
assignment or a certificate of discharge from the original mortgagee
bank. It would require banks to deliver either an assignment of
mortgage or a certificate of discharge of a mortgage, at the
mortgagor's option, as well as any necessary accompanying papers or
affidavits (see current RPL § 275.3).

LEGISLATIVE HISTORY : 1994 - S.6935-A/A.9115-A; 1995 - S.1298/A.253;
1996 S.1298/A.253; 1997 - S.2787/A.73; 1998 - S.2787/A.73; 2001-02-
S.6363/A.9989; 2003-04 S.2287; 2005-06 - S.42; 2007-08 -
S.1264/A.10469; 2009-10 - S.2566; 2011-12 S.2906/A.8300; 2013-14
S.2312

FISCAL IMPLICATIONS : None

EFFECTIVE DATE : 30 days after it shall become a law.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   25

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the real  property  law,  in  relation  to  allowing  an
  assignment of mortgage in lieu of a certificate of discharge

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 275 of the real  property  law  is
amended by adding a new closing paragraph to read as follows:
  IN  THE  SITUATION  PROVIDED FOR IN PARAGRAPH (C) OF THIS SUBDIVISION,
THE MORTGAGOR, AT HIS OR HER OPTION MAY  DEMAND  AN  ASSIGNMENT  OF  THE
MORTGAGOR'S  NOTE  AND  MORTGAGE SECURING ITS PAYMENT TO ANOTHER LENDER.
THE ORIGINAL LENDER SHALL  ASSIGN  THE  MORTGAGOR'S  NOTE  AND  MORTGAGE
SECURING  ITS PAYMENT TO ANOTHER LENDER UPON SUCH DEMAND. THE DEMAND FOR
THE ASSIGNMENT OF MORTGAGE SHALL BE MADE BY THE MORTGAGOR TO THE MORTGA-
GEE IN WRITING WITHIN TWENTY DAYS OF  CLOSING  ON  THE  REFINANCING  AND
SHALL  STATE  THAT  THE PURPOSE FOR SUCH ASSIGNMENT IS TO EFFECTUATE THE
REFINANCING OF THE EXISTING LOAN WITH A NEW LENDER. THE  PERSON  SIGNING
THE ASSIGNMENT SHALL DELIVER THE ASSIGNMENT AND ANY NECESSARY ACCOMPANY-
ING PAPERS OR AFFIDAVITS AT LEAST TWO DAYS PRIOR TO SUCH CLOSING, TO THE
ESCROW  AGENT  DESIGNATED BY THE MORTGAGOR AND THE MORTGAGEE OR ORIGINAL
LENDER. UPON CLOSING, THE ESCROW AGENT SHALL TRANSMIT THE ASSIGNMENT AND
ANY NECESSARY ACCOMPANYING PAPERS OR AFFIDAVITS TO  THE  NEW  LENDER  OR
MORTGAGEE.  THE  PROVISIONS  OF  THIS PARAGRAPH SHALL NEITHER EXPAND NOR
DIMINISH THE LIABILITY AGAINST A  MORTGAGEE  WHO,  AFTER  A  GOOD  FAITH
EFFORT,  IS  UNABLE  TO DELIVER THE NOTE TO THE ESCROW AGENT BECAUSE THE
NOTE WAS MISPLACED OR LOST.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01117-01-5

senate Bill S26

2015-2016 Legislative Session

Relates to the timing for giving notice of a loss under insurance contracts

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2016 print number 26a
amend and recommit to insurance
Jan 06, 2016 referred to insurance
Jan 07, 2015 referred to insurance

Bill Amendments

S26
S26A
S26
S26A

S26 - Bill Details

See Assembly Version of this Bill:
A4288
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §3407, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2315, A453
2011-2012: S4714, A9282
2009-2010: S4669

S26 - Bill Texts

view summary

Relates to the timing for giving notice of a loss under insurance contracts.

view sponsor memo
BILL NUMBER: S26

TITLE OF BILL : An act to amend the insurance law, in relation to
the timing for giving notice of a loss under insurance contracts

PURPOSE : The purpose of this bill is to mitigate against the
potential for procedural of insurance coverage resulting in
unreasonable loss of insurance coverage for insured's

SUMMARY OF PROVISIONS :

Section 3407(c) of the insurance law is added as a new subdivision
which provides that an insurer shall not decline coverage for a claim
based on the failure of an insured to give timely notice of claim
unless the insurer can demonstrate that it has suffered substantial
prejudice as a result of the delayed notice.

JUSTIFICATION : Insurance companies registered to operate in New York
State have taken advantage of contract provisions which provide that
late notice of loss by an insured will result in the declination of
coverage. This declination of coverage which results from the filing
of an untimely notice of loss is a draconian measure which allows
insurance carriers to avoid providing coverage for their insured's
losses, even when such untimely notice of loss has failed to cause any
prejudice to the insurance carrier.

LEGISLATIVE HISTORY : S.4669 (2009-2010); S.4714/A.9281 (2011-2012)
S.2315/A.453 (2013-14)

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   26

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance

AN ACT to amend the insurance law, in relation to the timing for  giving
  notice of a loss under insurance contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 3407 of the insurance law is amended  by  adding  a
new subsection (c) to read as follows:
  (C)  (1)  ANY  PROVISION  CONTAINED IN AN INSURANCE CONTRACT ISSUED OR
DELIVERED IN THIS STATE OR COVERING A PROPERTY IN  THIS  STATE  THAT  IS
CONTRARY  IN  PURPOSE  WITH,  OR IN CONFLICT WITH THE PROVISIONS OF THIS
SECTION SHALL BE NULL AND VOID IF THE  EFFECTUATION  OF  SUCH  PROVISION
WOULD  RESULT IN THE DEROGATION OF THE BENEFIT TO AN INSURED INTENDED BY
THE ENACTMENT OF THIS SECTION.
  (2) AN INSURER SHALL NOT DENY COVERAGE FOR A CLAIM BASED ON THE  FAIL-
URE OF AN INSURED TO GIVE TIMELY NOTICE OF A CLAIM UNLESS THE AUTHORIZED
INSURER  OR  OTHER INSURER CAN DEMONSTRATE THAT IT HAS SUFFERED SUBSTAN-
TIAL PREJUDICE AS A RESULT OF THE  DELAYED  NOTICE.  EVIDENCE  THAT  THE
INSURER HAD KNOWLEDGE OF THE LOSS THAT IS THE SUBJECT OF THE CLAIM SHALL
CREATE A REBUTTABLE PRESUMPTION THAT THE INSURER HAS NOT BEEN PREJUDICED
BY  DELAYED NOTICE. NOTICE GIVEN TO ANY LICENSED AGENT OF THE INSURER IN
THIS STATE WITH PARTICULARS SUFFICIENT TO IDENTIFY THE INSURED SHALL  BE
DEEMED NOTICE TO THE INSURER.
  (3)  THE  PROVISIONS  OF  THIS SECTION SHALL BE LIBERALLY CONSTRUED IN
ORDER TO EFFECTUATE THE PURPOSE HEREOF WHICH IS TO MITIGATE AGAINST  THE
POTENTIAL  FOR  PROCEDURAL  DENIAL  OF  INSURANCE  COVERAGE RESULTING IN
UNREASONABLE LOSS OF INSURANCE PROTECTION FOR INSUREDS.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01102-01-5

S. 26                               2

impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph,  subdivision,  section  or
part thereof directly involved in the controversy in which such judgment
shall  have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S  3.  This  act shall take effect immediately, and shall apply to all
insurance contracts, executed, issued, reissued or renewed on  or  after
such date.

S26A - Bill Details

See Assembly Version of this Bill:
A4288
Current Committee:
Law Section:
Insurance Law
Laws Affected:
Amd §3407, Ins L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2315, A453
2011-2012: S4714, A9282
2009-2010: S4669

S26A - Bill Texts

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Relates to the timing for giving notice of a loss under insurance contracts.

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BILL NUMBER: S26A

TITLE OF BILL : An act to amend the insurance law, in relation to
the timing for giving notice of a loss under insurance contracts

PURPOSE :

The purpose of this bill is to mitigate against the potential for
procedural of insurance coverage resulting in unreasonable loss of
insurance coverage for insured's

SUMMARY OF PROVISIONS :

Section 3407(c) of the insurance law is added as a new subdivision
which provides that an insurer shall not decline coverage for a claim
based on the failure of an insured to give timely notice of claim
unless the insurer can demonstrate that it has suffered substantial
prejudice as a result of the delayed notice.

JUSTIFICATION :

Insurance companies registered to operate in New York State have taken
advantage of contract provisions which provide that late notice of
loss by an insured will result in the declination of coverage. This
declination of coverage which results from the filing of an untimely
notice of loss is a draconian measure which allows insurance carriers
to avoid providing coverage for their insured's losses, even when such
untimely notice of loss has failed to cause any prejudice to the
insurance carrier.

LEGISLATIVE HISTORY :

S.4669 (2009-2010);
S.4714/A.9281 (2011-2012)
S.2315/A.453 (2013-14)

FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  26--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Insurance  --  recom-
  mitted to the Committee on Insurance in accordance with Senate Rule 6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the insurance law, in relation to the timing for  giving
  notice of a loss under insurance contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subsection (a) of section 3407 of the  insurance  law,  is
amended to read as follows:
  (a)  The failure of any person insured against loss or damage to prop-
erty under any contract of insurance, issued or delivered in this  state
or covering property located in this state, to furnish proofs of loss to
the  insurer or insurers as specified in such contract shall not invali-
date or diminish any claim of such person insured under  such  contract,
unless  such  insurer or insurers shall, after such loss or damage, give
to such insured a written notice that it or they desire proofs  of  loss
to  be  furnished by such insured to such insurer or insurers on a suit-
able blank form or forms. If the insured shall furnish  proofs  of  loss
within  [sixty]  NINETY  days  after the receipt of such notice and such
form or forms, or within any longer period of  time  specified  in  such
notice,  such  insured  shall  be  deemed  to  have  complied  with  the
provisions of such contract of insurance relating  to  the  time  within
which proofs of loss are required. Neither the giving of such notice nor
the  furnishing of such blank form or forms by the insurer shall consti-
tute a waiver of any stipulation or condition of such  contract,  or  an
admission of liability thereunder.
  S  2.  This  act shall take effect immediately, and shall apply to all
insurance contracts, executed, issued, reissued or renewed on  or  after
such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01102-02-6

senate Bill S27

2015-2016 Legislative Session

Repeals article 21 of the tax law relating to imposition of a highway use tax for the privilege of operating any vehicular unit upon the public highways

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to investigations and government operations
Jan 07, 2015 referred to investigations and government operations

Co-Sponsors

S27 - Bill Details

See Assembly Version of this Bill:
A1628
Current Committee:
Law Section:
Tax Law
Laws Affected:
Rpld Art 21, Tax L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S2310, A474
2011-2012: S4307, A606
2009-2010: A298

S27 - Bill Texts

view summary

Repeals provisions relating to imposition of a highway use tax for the privilege of operating any vehicular unit upon the public highways of the state.

view sponsor memo
BILL NUMBER: S27

TITLE OF BILL : An act to repeal article 21 of the tax law relating
to the highway use tax

PURPOSE : This bill repeals the highway use tax.

SUMMARY OF PROVISIONS : Repeals article 21 of the tax law relating
to imposition of a highway use tax for the privilege of operating any
vehicular unit upon the public highways of the state.

JUSTIFICATION : The highway use tax, also known as the ton-mile tax,
reduces the ability of New York trucking companies to compete with
out-of-state companies because it places a higher cost burden on the
New York-based trucking industry as compared with truckers from other
states that travel through New York. Other states have eliminated the
highway use tax and have instead opted for simpler tax collection
methods, such as registration fees and fuel taxes, over the ton-mile
tax. Calculating the ton-mile tax payment requires substantial
paperwork and is easily evaded by out-of-state companies. This tax
causes New York to lose its competitive edge in attracting trucking
businesses. The tax also increases the cost of shipping and the cost
of doing business in New York State. The elimination of the tax would
benefit truckers, manufacturers, shippers and consumers.

LEGISLATIVE HISTORY : 1999-2000, A.10374, Referred to Ways and
Means; 2001-2002, A.1448, Held for consideration in Ways and Means;
2003-2004, A.1842, Referred to Ways and Means; 2005-2006, A.9453,
Referred to Ways and Means; 2007-2008, A.421, Held for consideration
Ways and Means; 2009-2010: A.298, Referred to Ways and Means
2011-2012: S.4307/A.606 2013-2014 - S.2310/A.474

FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE : This act shall take effect immediately.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   27

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  to repeal article 21 of the tax law relating to the highway use
  tax

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 21 of the tax law is REPEALED.
  S 2. This act shall take effect immediately.








 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01115-01-5