Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to investigations and government operations |
Mar 08, 2011 |
referred to investigations and government operations |
Senate Bill S3869
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- 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
Actions
2011-S3869 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A202
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Tax Law
- Laws Affected:
- Add ยง253-y, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A1256
2013-2014: S457
2015-2016: S677
2017-2018: S1582
2019-2020: S3238
2021-2022: S5783
2011-S3869 (ACTIVE) - Summary
Enacts the "homeowner mortgage refinance relief act"; exempts from a local mortgage tax or recording tax mortgagors who are refinancing real property; provides that the commissioner shall promulgate rules and regulations to establish grounds for qualifications, proof and procedure necessary for a mortgagor to obtain such an exemption.
2011-S3869 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3869 TITLE OF BILL: An act to amend the tax law, in relation to enacting the "homeowner mortgage refinance relief act" PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to eliminate the double taxation which occurs when the mortgage recording tax is applied to refinancings so that homeowners who need to refinance a home loan which they can no longer afford in order to avoid foreclosure are not required to pay a second mortgage recording tax usually amounting to thousands of dollars. SUMMARY OF PROVISIONS: This bill amends the Tax Law by adding a new section 253-y, which would exempt refinancings from the mortgage recording tax, up to the amount of the original loan. JUSTIFICATION: Since the financial crisis of 2002, homeowners have been faced with
2011-S3869 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3869 2011-2012 Regular Sessions I N S E N A T E March 8, 2011 ___________ Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the tax law, in relation to enacting the "homeowner mortgage refinance relief act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Short title. This act shall be known and may be cited as the "homeowner mortgage refinance relief act". S 2. The tax law is amended by adding a new section 253-y to read as follows: S 253-Y. EXEMPT MUNICIPAL MORTGAGE TAX FOR REFINANCES. 1. EVERY MUNI- CIPALITY WHICH HAS ENACTED A LOCAL MORTGAGE TAX OR RECORDING TAX PURSU- ANT TO THE PROVISIONS OF THIS ARTICLE SHALL GRANT AN EXEMPTION UP TO THE AMOUNT OF THE ORIGINAL MORTGAGE FROM SUCH TAX WHERE THE MORTGAGOR IS REFINANCING HIS OR HER REAL PROPERTY. 2. THE COMMISSIONER SHALL PROMULGATE NECESSARY AND ADVISABLE RULES AND REGULATIONS TO ESTABLISH GROUNDS FOR QUALIFICATIONS, PROOF AND PROCEDURE NECESSARY FOR A MORTGAGOR TO OBTAIN SUCH EXEMPTION. S 3. This act shall take effect immediately; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effec- tive date are authorized and directed to be made and completed on or before such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01236-03-1
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