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S09958 Summary:

BILL NOS09958
 
SAME ASSAME AS A10641-A
 
SPONSORFAHY
 
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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S09958 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9958
 
                    IN SENATE
 
                                     April 17, 2026
                                       ___________
 
        Introduced  by  Sen.  FAHY  --  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 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.
    26    4. If any portion of interest and penalties cancelled pursuant to this
    27  section would, if collected, be payable to a municipal corporation with-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13534-05-6

        S. 9958                             2
 
     1  in such tax district, no such cancellation shall  be  made  without  the
     2  consent  of such municipal corporation. Such consent may be granted on a
     3  case-by-case basis or on a general basis  by  local  law  or  resolution
     4  adopted after a public hearing.
     5    5.  The commissioner may promulgate rules and regulations to implement
     6  the provisions of this section, including, but not limited to, standards
     7  for documentation, application procedures, and  guidance  for  enforcing
     8  officers.
     9    §  2. Section 1182 of the real property tax law, as amended by chapter
    10  532 of the laws of 1994, is amended to read as follows:
    11    § 1182. Cancellation or reduction of  interest,  penalties  and  other
    12  charges.  1.  If  the governing body of any tax district shall determine
    13  that it is for the best interests of the tax district, it shall have the
    14  power, by resolution, to authorize the enforcing officer to  permit  the
    15  cancellation  in  whole  or  in part of any interest, penalties or other
    16  charges imposed by law to which the tax district or any other  municipal
    17  corporation shall be lawfully entitled; provided, however, that in cases
    18  where  such  interest,  penalties, or other charges, if collected by the
    19  tax district, belong to a municipal corporation therein, no reduction or
    20  remission in whole or in part of  such  interest,  penalties,  or  other
    21  charges  shall  be made without the consent of the municipal corporation
    22  affected, which consent may be  given  by  resolution  adopted  after  a
    23  public hearing.
    24    2.  Notwithstanding  subdivision one of this section, authorization by
    25  the governing body of any tax district and the consent of any  municipal
    26  corporation therein to waive interest and penalties for victims of prop-
    27  erty  tax  fraud  pursuant to section nine hundred twenty-four-c of this
    28  chapter may be granted on a general basis as described in  such  section
    29  nine hundred twenty-four-c.
    30    § 3. This act shall take effect immediately.
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