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S01785 Summary:

BILL NOS01785
 
SAME ASSAME AS A04466
 
SPONSORHINCHEY
 
COSPNSRBORRELLO, OBERACKER
 
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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S01785 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1785
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2025
                                       ___________
 
        Introduced by Sens. HINCHEY, BORRELLO -- 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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05445-01-5

        S. 1785                             2
 
     1  you have made will not postpone the enforcement of the outstanding  lien
     2  or liens. Continued failure to pay the entire amount owed will result in
     3  the loss of the property."
     4    (b)  When  one  or more liens against a parcel, that is farm property,
     5  are redeemed as provided in this  article,  but  the  most  recent  lien
     6  remains  unredeemed,  the  receipt  issued to the person redeeming shall
     7  include a statement in substantially  the  following  form:  "This  farm
     8  parcel  remains subject to one or more delinquent tax liens. The payment
     9  you have made will not postpone the enforcement of the outstanding  lien
    10  or liens. Continued failure to pay the entire amount owed will result in
    11  the loss of the property."
    12    (c)  Failure  to  include  such  a  statement on the receipt shall not
    13  invalidate any tax lien or  prevent  the  enforcement  of  the  same  as
    14  provided by law.
    15    §  2.  This  act  shall take effect immediately and shall apply to the
    16  redemption of liens occurring on and after such effective date.
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