A09215 Summary:

BILL NOA09215
 
SAME ASSAME AS S06431
 
SPONSORMagee
 
COSPNSR
 
MLTSPNSR
 
Amd §1112, RPT L
 
Requires multiple liens on farm property to be paid in chronological order, with the earliest lien being paid off first and the most recent being paid last.
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A09215 Actions:

BILL NOA09215
 
02/04/2016referred to real property taxation
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A09215 Committee Votes:

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A09215 Floor Votes:

There are no votes for this bill in this legislative session.
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A09215 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9215
 
                   IN ASSEMBLY
 
                                    February 4, 2016
                                       ___________
 
        Introduced  by M. of A. MAGEE -- read once and referred to the Committee
          on Real Property Taxation
 
        AN ACT to amend the real property tax law, in relation to the redemption
          of multiple liens on farm property
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions 1 and 2 of section 1112 of the real property
     2  tax law, as amended by chapter 532 of the laws of 1994, are  amended  to
     3  read as follows:
     4    1.  When a tax district holds more than one tax lien against a parcel,
     5  the  liens  need not be redeemed simultaneously.  (a) However, the liens
     6  on a parcel, which is not farm property, must  be  redeemed  in  reverse
     7  chronological  order, so that the lien with the most recent lien date is
     8  redeemed first, and the lien with the earliest  lien  date  is  redeemed
     9  last. Notwithstanding the redemption of one or more of the liens against
    10  such  a  parcel  as  provided  [herein] in this article, the enforcement
    11  process shall proceed according to the provisions  of  this  article  as
    12  long as the earliest lien remains unredeemed.
    13    (b) However, in the case of liens against a parcel, that is farm prop-
    14  erty,  the  liens  must  be redeemed in chronological order, so that the
    15  lien with the earliest lien date is redeemed first, and  the  lien  with
    16  the  most recent lien date is redeemed last. Notwithstanding the redemp-
    17  tion of one or more of the liens against a parcel that is farm  property
    18  as  provided  in  this  article,  the  enforcement process shall proceed
    19  according to the provisions of this article as long as the  most  recent
    20  lien remains unredeemed.
    21    2. (a) When one or more liens against a parcel, that is not farm prop-
    22  erty,  are redeemed as provided [herein] in this article, but the earli-
    23  est lien remains unredeemed, the receipt issued to the person  redeeming
    24  shall  include  a  statement in substantially the following form:  "This
    25  parcel remains subject to one or more delinquent tax liens. The  payment
    26  you  have made will not postpone the enforcement of the outstanding lien
    27  or liens. Continued failure to pay the entire amount owed will result in
    28  the loss of the property."
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13504-01-6

        A. 9215                             2
 
     1    (b) When one or more liens against a parcel, that  is  farm  property,
     2  are  redeemed  as  provided  in  this  article, but the most recent lien
     3  remains unredeemed, the receipt issued to  the  person  redeeming  shall
     4  include  a  statement  in  substantially  the following form: "This farm
     5  parcel  remains subject to one or more delinquent tax liens. The payment
     6  you have made will not postpone the enforcement of the outstanding  lien
     7  or liens. Continued failure to pay the entire amount owed will result in
     8  the loss of the property."
     9    (c)  Failure  to  include  such  a  statement on the receipt shall not
    10  invalidate any tax lien or  prevent  the  enforcement  of  the  same  as
    11  provided by law.
    12    §  2.  This  act  shall take effect immediately and shall apply to the
    13  redemption of liens occurring on and after such effective date.
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