Bill Text: NY A07095 | 2009-2010 | General Assembly | Amended
Bill Title: Provides that persons residing in property owned by a limited partnership shall be eligible for small claims assessment review.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-04-21 - 3RD READING CAL.395 [A07095 Detail]
Download: New_York-2009-A07095-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7095--A 2009-2010 Regular Sessions I N A S S E M B L Y March 20, 2009 ___________ Introduced by M. of A. GALEF -- read once and referred to the Committee on Real Property Taxation -- 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 eligibil- ity of persons residing in property owned by a limited partnership to seek small claims assessment review; and to repeal subdivision 9 of section 730 of the real property tax law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 730 of the real property tax law 2 is amended by adding a new closing paragraph to read as follows: 3 AN OWNER OF REAL PROPERTY WHO QUALIFIES UNDER PARAGRAPHS (A) THROUGH 4 (D) OF THIS SUBDIVISION SHALL ALSO INCLUDE: 5 (I) A PERSON OR PERSONS WHOSE REAL PROPERTY IS HELD IN TRUST SOLELY 6 FOR THE BENEFIT OF SUCH PERSON OR PERSONS IF THE PROPERTY SERVES AS THE 7 PRIMARY RESIDENCE OF SUCH PERSON OR PERSONS AND THE TRUST WHICH HOLDS 8 TITLE TO THE PROPERTY WAS LAWFULLY CREATED TO HOLD TITLE SOLELY FOR 9 ESTATE PLANNING AND ASSET PROTECTION PURPOSES; AND 10 (II) A PERSON OR PERSONS WHO RESIDE IN REAL PROPERTY WHICH IS OWNED BY 11 A LIMITED PARTNERSHIP IF THE PROPERTY SERVES AS THE PRIMARY RESIDENCE OF 12 SUCH PERSON OR PERSONS AND SAID LIMITED PARTNERSHIP DOES NOT ENGAGE IN 13 ANY COMMERCIAL ACTIVITY, WAS LAWFULLY CREATED TO HOLD TITLE SOLELY FOR 14 ESTATE PLANNING AND ASSET PROTECTION PURPOSES AND THE PARTNER OR PART- 15 NERS WHO PRIMARILY RESIDE THEREON PERSONALLY PAY ALL OF THE REAL PROPER- 16 TY TAXES AND OTHER COSTS ASSOCIATED WITH THE PROPERTY'S OWNERSHIP. 17 S 2. Subdivision 9 of section 730 of the real property tax law is 18 REPEALED. 19 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01705-02-9