Requires the burden of annually establishing that the requirements of the mandatory class non-profit real property tax exemptions have been satisfied to fall upon the owner of the property and must be proven by clear and convincing evidence.
Sponsor: Gunther (MS) / Co-sponsor(s): Galef, Calhoun
Law Section: Real Property Tax Law / Law: Amd S420-a, RPT L
Sponsor: Gunther (MS) / Co-sponsor(s): Galef, Calhoun
Law Section: Real Property Tax Law / Law: Amd S420-a, RPT L
A417A-2011 Actions
- May 8, 2012: print number 417a
- May 8, 2012: amend and recommit to real property taxation
- Jan 4, 2012: referred to real property taxation
- Jan 31, 2011: reported referred to ways and means
- Jan 5, 2011: referred to real property taxation
A417A-2011 Text
S T A T E O F N E W Y O R K
417--A
2011-2012 Regular Sessions I N ASSEMBLY (PREFILED)
January 5, 2011
Introduced by M. of A. GUNTHER, GALEF, CALHOUN -- read once and referred to the Committee on Real Property Taxation -- recommitted to the Committee on Real Property Taxation in accordance with Assembly Rule 3, sec. 2 -- 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 the exemption from taxation for non-profit organizations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1.
Section 420-a of the real property tax law is amended by adding a new subdivision 15 to read as follows:
15. IN ALL INSTANCES, THE BURDEN OF ANNUALLY ESTABLISHING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN SATISFIED SHALL BE UPON THE OWNER OF THE PROPERTY AND MUST BE PROVEN BY CLEAR AND CONVINCING EVIDENCE. THE DEPARTMENT SHALL DEVELOP, IN CONSULTATION WITH NOT-FOR-PROFIT ORGANIZA TIONS AND ASSESSORS, GUIDANCE DOCUMENTS TO BE USED BY ASSESSORS IN DETERMINING WHETHER THE STANDARD OF PROOF ESTABLISHED BY THIS SUBDIVI SION HAS BEEN MET.
S 2. This act shall take effect on the first of January next succeed ing the date on which it shall have become a law and shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01897-03-2

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