Bill Text: NY S01905 | 2011-2012 | General Assembly | Introduced

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Bill Title: Permits an aggrieved real property owner to file a small claims action where he or she is not notified of the results of a grievance properly filed within the time period provided by law, and refunds the $25.00 filing fee in such cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-14 - REFERRED TO LOCAL GOVERNMENT [S01905 Detail]

Download: New_York-2011-S01905-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1905
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 the  procedure
         for reviewing small claims in certain cases
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 730 of the real property  tax  law  is  amended  by
    2  adding a new subdivision 10 to read as follows:
    3    10.  (A)  IN  ANY CASE WHERE A PROPERTY OWNER SHALL HAVE FIRST FILED A
    4  COMPLAINT PURSUANT TO SECTION FIVE HUNDRED TWENTY-FOUR OR SECTION  FOUR-
    5  TEEN  HUNDRED  EIGHT OF THIS CHAPTER OR THE PROVISIONS OF A LOCAL LAW OR
    6  CHARTER PROVIDING FOR ADMINISTRATIVE REVIEW  OF  ASSESSMENTS,  AND  SUCH
    7  OWNER  HAS NOT RECEIVED NOTICE OF THE DETERMINATION WITH RESPECT THERETO
    8  AT LEAST SEVEN BUSINESS DAYS PRIOR TO THE LAST DAY TO FILE THE  PETITION
    9  PROVIDED  FOR  IN SUBDIVISION THREE OF THIS SECTION, SUCH OWNER SHALL BE
   10  ENTITLED TO COMMENCE A PROCEEDING PURSUANT TO THIS TITLE.   IN ANY  SUCH
   11  CASE  THE  TWENTY-FIVE  DOLLAR  FEE PROVIDED FOR IN SUBDIVISION THREE OF
   12  THIS SECTION SHALL BE REFUNDED.
   13    (B) THE FORM UPON WHICH A COMPLAINT FILED BY A PROPERTY OWNER PURSUANT
   14  TO SECTION FIVE HUNDRED TWENTY-FOUR OR SECTION FOURTEEN HUNDRED EIGHT OF
   15  THIS CHAPTER OR THE PROVISIONS OF A LOCAL LAW OR CHARTER  PROVIDING  FOR
   16  ADMINISTRATIVE  REVIEW OF ASSESSMENTS, SHALL CONTAIN A BRIEF EXPLANATION
   17  OF THE PETITION PROCEDURE PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVI-
   18  SION.
   19    S 2. This act  shall  take  effect  immediately  and  shall  apply  to
   20  petitions  filed against assessment rolls prepared on or after the first
   21  of January next succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07164-01-1