Senate Bill S5832

2011-2012 Legislative Session

Relates to proceedings for challenges of real property assessments

download bill text pdf

Sponsored By

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

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2011-S5832 (ACTIVE) - Details

See Assembly Version of this Bill:
A3392
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd §§718 & 727, RPT L
Versions Introduced in 2009-2010 Legislative Session:
A10423

2011-S5832 (ACTIVE) - Summary

Relates to proceedings for challenges to real property assessments.

2011-S5832 (ACTIVE) - Sponsor Memo

2011-S5832 (ACTIVE) - Bill Text download pdf

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

                                  5832

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 20, 2011
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the real property tax law, in  relation  to  proceedings
  for challenges to real property assessments

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

  Section 1. Subdivision 2 of section 718 of the real property tax  law,
as  added  by chapter 693 of the laws of 1995, paragraphs (a) and (b) as
amended by chapter 503 of the laws  of  1996,  is  amended  to  read  as
follows:
  2.  Where a proceeding is commenced pursuant to this article to review
the assessment of a parcel of real property which solely contains  prop-
erty  which  is not subject to the provisions of subdivision one of this
section, a note of issue shall be filed in accordance with this subdivi-
sion.
  (a) Where a real property assessment challenge  commenced  under  this
article has been pending for at least [two years] ONE YEAR from the date
of the commencement of the proceeding, [either party] THE RESPONDENT may
demand,  by serving a written demand, that the [parties] PETITIONER file
a written appraisal of the property which is the subject of the proceed-
ing [and serve same] within [one hundred twenty] NINETY days of  service
of  such  demand.  The demand shall be in writing and served by personal
delivery or certified mail, return receipt requested. [Both parties] THE
PETITIONER shall thereafter file an appraisal or show good cause  as  to
why  such  demand  cannot be complied with within such time period.  THE
COURT, UPON THE RECEIPT OF SUCH APPRAISAL, SHALL NOTIFY  THE  RESPONDENT
OF  SUCH  RECEIPT.  THE  RESPONDENT  SHALL THEN FILE A WRITTEN APPRAISAL
WITHIN NINETY DAYS OR SHOW GOOD CAUSE AS TO WHY SUCH TIMEFRAME CANNOT BE
COMPLIED WITH. Either party may move to dismiss the proceeding by reason
of the other party's failure to prosecute the proceeding  and  file  the
appraisal  pursuant  to  [the  demand]  THIS PARAGRAPH. Unless the party

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06830-10-1
              

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