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A10641 Summary:

BILL NOA10641A
 
SAME ASNo Same As
 
SPONSORShrestha
 
COSPNSR
 
MLTSPNSR
 
Add §924-c, amd §1182, RPT L
 
Allows municipalities to relieve victims of property tax fraud from penalties arising from lack of payment of property taxes.
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A10641 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10641--A
 
                   IN ASSEMBLY
 
                                     March 17, 2026
                                       ___________
 
        Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
          tee  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 allowing muni-
          cipalities to relieve property owners of  penalties  due  to  lack  of
          payment if such property owner was a victim of property tax fraud
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property tax  law  is  amended  by  adding  a  new
     2  section 924-c to read as follows:
     3    §  924-c. Waiver of interest and penalties for victims of property tax
     4  fraud. 1. Notwithstanding any provision of  law  to  the  contrary,  the
     5  governing  body  of  any  tax district may, by resolution, authorize the
     6  enforcing officer, on a general or case-by-case  basis,  to  cancel,  in
     7  whole  or  in  part, any interest and penalties imposed upon a parcel of
     8  real property where the owner  of  such  property  establishes,  to  the
     9  satisfaction  of  such enforcing officer, that such owner was the victim
    10  of property tax fraud in connection with an attempted payment of proper-
    11  ty taxes. Property tax fraud shall include,  without  limitation,  check
    12  fraud,  mail  theft, or any theft, interception, diversion, or unauthor-
    13  ized receipt of a payment intended to satisfy a real property tax  obli-
    14  gation.
    15    2.  A  property  owner  seeking relief under this section shall submit
    16  such documentation as the  enforcing  officer  may  require,  which  may
    17  include, but need not be limited to:
    18    (a) an affidavit describing the incident of property tax fraud;
    19    (b) documentation from a financial institution indicating property tax
    20  fraud, including reimbursement of funds; or
    21    (c) a police report or other evidence of property tax fraud.
    22    3. Any cancellation of interest and penalties pursuant to this section
    23  shall  be  limited to the period of delinquency attributable to property
    24  tax fraud, and in no event shall exceed one year from the date the prop-
    25  erty taxes became due.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13534-04-6

        A. 10641--A                         2
 
     1    4. If any portion of interest and penalties cancelled pursuant to this
     2  section would, if collected, be payable to a municipal corporation with-
     3  in such tax district, no such cancellation shall  be  made  without  the
     4  consent  of such municipal corporation. Such consent may be granted on a
     5  case-by-case  basis  or  on  a  general basis by local law or resolution
     6  adopted after a public hearing.
     7    5. The commissioner may promulgate rules and regulations to  implement
     8  the provisions of this section, including, but not limited to, standards
     9  for  documentation,  application  procedures, and guidance for enforcing
    10  officers.
    11    § 2. Section 1182 of the real property tax law, as amended by  chapter
    12  532 of the laws of 1994, is amended to read as follows:
    13    §  1182.  Cancellation  or  reduction of interest, penalties and other
    14  charges. 1. If the governing body of any tax  district  shall  determine
    15  that it is for the best interests of the tax district, it shall have the
    16  power,  by  resolution, to authorize the enforcing officer to permit the
    17  cancellation in whole or in part of any  interest,  penalties  or  other
    18  charges  imposed by law to which the tax district or any other municipal
    19  corporation shall be lawfully entitled; provided, however, that in cases
    20  where such interest, penalties, or other charges, if  collected  by  the
    21  tax district, belong to a municipal corporation therein, no reduction or
    22  remission  in  whole  or  in  part of such interest, penalties, or other
    23  charges shall be made without the consent of the  municipal  corporation
    24  affected,  which  consent  may  be  given  by resolution adopted after a
    25  public hearing.
    26    2. Notwithstanding subdivision one of this section,  authorization  by
    27  the  governing body of any tax district and the consent of any municipal
    28  corporation therein to waive interest and penalties for victims of prop-
    29  erty tax fraud pursuant to section nine hundred  twenty-four-c  of  this
    30  chapter  may  be granted on a general basis as described in such section
    31  nine hundred twenty-four-c.
    32    § 3. This act shall take effect immediately.
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