Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to local government |
Aug 03, 2009 |
referred to rules |
Senate Bill S6109
2009-2010 Legislative Session
Sponsored By
(D, WF) 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
2009-S6109 (ACTIVE) - Details
- Current Committee:
- Senate Local Government
- Law Section:
- Real Property Tax Law
- Laws Affected:
- Amd §524, RPT L
- Versions Introduced in 2011-2012 Legislative Session:
-
S4386
2009-S6109 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6109 TITLE OF BILL : An act to amend the real property tax law, in relation to complaints filed with the board of assessment review PURPOSE : To help ensure that property is in compliance with local zoning ordinances when a homeowner commences an action to challenge the property's assessment before the board of assessment review. SUMMARY OF PROVISIONS : Subdivision 3 of section 524 of the real property tax law is amended to require compliance with local zoning ordinances before a homeowner has a right to commence an action to challenge the property's assessment before the board of assessment review. JUSTIFICATION : In recent years there has been a proliferation of illegal dwellings. It has become more and more difficult for localities to enforce local zoning laws and protect the quality of life. Structures which violate zoning ordinances lower the quality of life and reduce the value of homes in an area and reduce the local property tax base. This in turn lowers the tax base which funds local governments, including school districts. This problem is exacerbated further when the owner of a
2009-S6109 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6109 2009-2010 Regular Sessions I N S E N A T E August 3, 2009 ___________ Introduced by Sen. FOLEY -- 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 complaints filed with the board of assessment review THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 524 of the real property tax law, as amended by chapter 541 of the laws of 1996, is amended to read as follows: 3. Notwithstanding the provisions of section five hundred twenty-eight of this title, and except in cities with a population of five million or more, a complaint with respect to an assessment shall be on a form prescribed by the state board and shall consist of a statement specify- ing the respect in which the assessment is excessive, unequal or unlaw- ful, or the respect in which real property is misclassified, and the reduction in assessed valuation or taxable assessed valuation or change in class designation or allocation of assessed valuation sought. Such statement shall also contain an estimate of the value of the real prop- erty. Such statement must be made by the person whose property is assessed, or by some person authorized in writing by the complainant or his officer or agent to make such statement who has knowledge of the facts stated therein. Such written authorization must be made a part of such statement and bear a date within the same calendar year during which the complaint is filed. WHERE SUCH PROPERTY IS A ONE, TWO OR THREE FAMILY OWNER OCCUPIED STRUCTURE, SUCH STATEMENT SHALL ALSO CONTAIN AN AFFIRMATIVE DECLARATION BY THE PERSON WHOSE PROPERTY IS ASSESSED THAT SUCH PROPERTY IS A ONE, TWO OR THREE FAMILY OWNER OCCUPIED STRUCTURE WHICH IS CURRENTLY IN COMPLIANCE WITH THE CERTIFICATE OF OCCUPANCY ISSUED FOR THAT STRUCTURE, IF ONE HAS BEEN ISSUED, AND THE STRUCTURE DOES NOT SUBSTANTIALLY VIOLATE ANY ZONING ORDINANCE AS DEFINED BY LOCAL LAW, ORDINANCE OR REGULATION, OR IF NO CERTIFICATE OF OCCUPANCY HAS BEEN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04578-01-9
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