Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 16, 2012 |
referred to local government |
Senate Bill S6748
2011-2012 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Local Government 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-S6748 (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Real Property Tax Law
- Laws Affected:
- Amd ยงยง730 & 733, RPT L
- Versions Introduced in 2013-2014 Legislative Session:
-
S1785
2011-S6748 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6748 TITLE OF BILL: An act to amend the real property tax law, in relation to small claims PURPOSE: To require a threshold for petitioners in small claims assessment review procedures must meet. SUMMARY OF PROVISIONS: Section 1. Requires that the petitioner show that there was an overvaluation of at least 10% in their petition for a small claims assessment review. Section 2. If the petitioner shows a 10 percent overvaluation in the petition, but fails to prove the overvaluation in the case the judge in the case does not have to reduce the assessment, because the petitioner failed to meet their burden. JUSTIFICATION: Local governments are expanding resources for small claims assessment review cases in which the overvaluation of the assessment is nominal. Local government are already under enormous fiscal constraints, that expending resources for cases which have no merit is wasteful. Adopting a model like New Jersey, where there is threshold to have the case heard and for an reduction in assessment, would prevent frivolous
2011-S6748 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6748 I N S E N A T E March 16, 2012 ___________ Introduced by Sen. CARLUCCI -- 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 small claims THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 730 of the real property tax law, as amended by chapter 552 of the laws of 1991, paragraph (b) as amended by chapter 154 of the laws of 1993, paragraph (c) as amended by chapter 215 of the laws of 2005, is amended to read as follows: 1. The chief administrator of the courts shall establish a small claims assessment review program in the supreme court. An owner of real property claiming to be aggrieved by an assessment on real property on the ground that such assessment is unequal or excessive may file a peti- tion for review pursuant to this article provided that: (a) the property owner shall have first filed a complaint pursuant to section five hundred twenty-four or section fourteen hundred eight of this chapter or the provisions of a local law or charter providing for administrative review of assessments; (b) the property is: (i) improved by a one, two or three family owner-occupied structure used exclusively for residential purposes other than property subject to the assessment limitations of section five hundred eighty-one of this chapter and article nine-B of the real prop- erty law or (ii) the property is unimproved and is not of sufficient size as determined by the assessing unit or special assessing unit to contain a one, two or three family residential structure; (c) the equalized value of the property does not exceed four hundred fifty thousand dollars or, in the event such equalized value exceeds four hundred fifty thousand dollars, the total assessment reduction requested does not exceed twenty-five percent of the assessed value of the property; [and] (d) the petition shall not request an assessment lower than that requested in the complaint filed pursuant to section five hundred twen- ty-four or fourteen hundred eight of this chapter or the provisions of a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13895-02-2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.