Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to local government |
May 12, 2021 |
print number 962a |
May 12, 2021 |
amend and recommit to local government |
Jan 06, 2021 |
referred to local government |
Senate Bill S962A
2021-2022 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
Bill Amendments
co-Sponsors
(D) Senate District
(D) 42nd Senate District
2021-S962 - Details
2021-S962 - Sponsor Memo
BILL NUMBER: S962 SPONSOR: GAUGHRAN TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing municipalities to treat unpaid building code and fire code fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes municipalities to include unpaid fines for building and fire code violations in the following year's tax levy and subjects the property to foreclosure proceedings as authorized by the law for unpaid real property taxes. This legislation will enable munici- palities, at local option, to treat unpaid enforcement fines as liens on the affected property. The liens could then be foreclosed pursuant to annual tax foreclosure proceedings should the fines remain unpaid. Faced with prospect of having their property sold at a tax sale, it is antic- ipated that violators would choose to settle outstanding fines to muni- cipality.
2021-S962 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 962 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. GAUGHRAN, SKOUFIS -- 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 authorizing municipalities to treat unpaid building code and fire code fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 901-a to read as follows: § 901-A. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES IMPOSED BY MUNICIPAL CORPORATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERNING BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY, OTHER THAN A PROPERTY SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE OWNERS THEREOF, FOR BUILDING CODE AND FIRE CODE VIOLATIONS SHALL BE DEEMED TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISION OF THIS SECTION. NO SUCH LAW, ORDINANCE OR RESOLUTION SHALL BE DEEMED TO TAKE EFFECT UNTIL IT SHALL HAVE BEEN FILED WITH THE CLERK OF THE MUNICIPAL CORPORATION AND THE APPROPRIATE COLLECTING OFFICER. 2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION SHALL ESTABLISH A PROCEDURE FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER- LYING CIRCUMSTANCES RELATING TO THE BUILDING CODE OR FIRE CODE VIOLATION, AND THE FINE TO BE IMPOSED IF THE COURT FINDS THAT SUCH A VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY OWNER WHO AFTER BEING ADJUDGED TO HAVE COMMITTED A VIOLATION SHALL HAVE THE RIGHT TO APPEAL SUCH JUDGMENT. 3. EVERY LOCAL LAW, ORDINANCE AND RESOLUTION ENACTED PURSUANT TO THIS SECTION SHALL PROVIDE THAT EACH AFFECTED PROPERTY OWNER SHALL BE PROVIDED, BY THE MUNICIPAL CORPORATION, WITH NOT LESS THAN TEN DAYS WRITTEN NOTICE PRIOR TO THE OCCURRENCE OF ANY ACTION BY THE MUNICIPAL
co-Sponsors
(D) Senate District
(D) 42nd Senate District
2021-S962A (ACTIVE) - Details
2021-S962A (ACTIVE) - Sponsor Memo
BILL NUMBER: S962A SPONSOR: GAUGHRAN TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing municipalities to treat unpaid building code and fire code fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines PURPOSE OR GENERAL IDEA OF BILL: This bill authorizes municipalities to include unpaid fines for building and fire code violations in the following year's tax levy and subjects the property to foreclosure proceedings as authorized by the law for unpaid real property taxes. This legislation will enable munici- palities, at local option, to treat unpaid enforcement fines as liens on the affected property. The liens could then be foreclosed pursuant to annual tax foreclosure proceedings should the fines remain unpaid. Faced with prospect of having their property sold at a tax sale, it is antic- ipated that violators would choose to settle outstanding fines to muni- cipality.
2021-S962A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 962--A 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sens. GAUGHRAN, BROOKS, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property tax law, in relation to authorizing municipalities to treat unpaid building code and fire code fines as delinquent taxes and impose tax liens upon the real property which is the subject of such fines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property tax law is amended by adding a new section 901-a to read as follows: § 901-A. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES IMPOSED BY MUNICIPAL CORPORATIONS. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS GOVERNING BODY, MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING THAT FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROPERTY, OTHER THAN A PROPERTY SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE OWNERS THEREOF, FOR BUILDING CODE AND FIRE CODE VIOLATIONS SHALL BE DEEMED TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION; PROVIDED HOWEVER, THAT FINALLY ADJUDICATED FINES IMPOSED UPON REAL PROP- ERTY PRIOR TO THE EFFECTIVE DATE OF THIS ACT SHALL NOT BE DEEMED TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NO SUCH LAW, ORDINANCE OR RESOLUTION SHALL BE DEEMED TO TAKE EFFECT UNTIL IT SHALL HAVE BEEN FILED WITH THE CLERK OF THE MUNICIPAL CORPORATION AND THE APPROPRIATE COLLECTING OFFICER. 2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION SHALL ESTABLISH A PROCEDURE FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER- LYING CIRCUMSTANCES RELATING TO THE BUILDING CODE OR FIRE CODE VIOLATION, AND THE FINE TO BE IMPOSED IF THE COURT FINDS THAT SUCH A EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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