Assembly Bill A9215

2015-2016 Legislative Session

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2015-A9215 (ACTIVE) - Details

See Senate Version of this Bill:
S6431
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง1112, RPT L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4479, S212
2019-2020: S2864
2021-2022: S2084
2023-2024: S5058

2015-A9215 (ACTIVE) - Summary

Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last.

2015-A9215 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9215

                          I N  A S S E M B L Y

                            February 4, 2016
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation to the redemption
  of multiple liens on farm property

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

  Section  1.  Subdivisions 1 and 2 of section 1112 of the real property
tax law, as amended by chapter 532 of the laws of 1994, are  amended  to
read as follows:
  1.  When a tax district holds more than one tax lien against a parcel,
the  liens  need not be redeemed simultaneously.  (A) However, the liens
ON A PARCEL, WHICH IS NOT FARM PROPERTY, must  be  redeemed  in  reverse
chronological  order, so that the lien with the most recent lien date is
redeemed first, and the lien with the earliest  lien  date  is  redeemed
last. Notwithstanding the redemption of one or more of the liens against
SUCH  a  parcel  as  provided  [herein] IN THIS ARTICLE, the enforcement
process shall proceed according to the provisions  of  this  article  as
long as the earliest lien remains unredeemed.
  (B) HOWEVER, IN THE CASE OF LIENS AGAINST A PARCEL, THAT IS FARM PROP-
ERTY,  THE  LIENS  MUST  BE REDEEMED IN CHRONOLOGICAL ORDER, SO THAT THE
LIEN WITH THE EARLIEST LIEN DATE IS REDEEMED FIRST, AND  THE  LIEN  WITH
THE  MOST RECENT LIEN DATE IS REDEEMED LAST. NOTWITHSTANDING THE REDEMP-
TION OF ONE OR MORE OF THE LIENS AGAINST A PARCEL THAT IS FARM  PROPERTY
AS  PROVIDED  IN  THIS  ARTICLE,  THE  ENFORCEMENT PROCESS SHALL PROCEED
ACCORDING TO THE PROVISIONS OF THIS ARTICLE AS LONG AS THE  MOST  RECENT
LIEN REMAINS UNREDEEMED.
  2. (a) When one or more liens against a parcel, THAT IS NOT FARM PROP-
ERTY,  are redeemed as provided [herein] IN THIS ARTICLE, but the earli-
est lien remains unredeemed, the receipt issued to the person  redeeming
shall  include  a  statement in substantially the following form:  "This
parcel remains subject to one or more delinquent tax liens. The  payment
you  have made will not postpone the enforcement of the outstanding lien
or liens. Continued failure to pay the entire amount owed will result in
the loss of the property."

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

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