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S09230 Summary:

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S09230 Committee Votes:

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S09230 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9230
 
                    IN SENATE
 
                                      May 12, 2022
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation to the definition of heirs property for purposes of partition
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (e) of subdivision 2 of section 993 of  the  real
     2  property  actions  and  proceedings  law, as added by chapter 596 of the
     3  laws of 2019, is amended to read as follows:
     4    (e) "Heirs property" means real property held  in  tenancy  in  common
     5  which  satisfies all of the following requirements as of the filing of a
     6  partition action:
     7    (i) there is no agreement in a record binding all  of  the  co-tenants
     8  which governs the partition of the property;
     9    (ii)  any  of  the  co-tenants acquired title from a relative, whether
    10  living or deceased; [and]
    11    (iii) the property is used for residential or  agricultural  purposes;
    12  and
    13    (iv) any of the following applies:
    14    (A) twenty percent or more of the interests are held by co-tenants who
    15  are relatives;
    16    (B)  twenty percent or more of the interests are held by an individual
    17  who acquired title from a relative, whether living or deceased;
    18    (C) twenty percent or more of the co-tenants  are  relatives  of  each
    19  other; or
    20    (D)  any  co-tenant  who acquired title from a relative resides in the
    21  property.
    22    § 2. This act shall take effect immediately and shall apply to actions
    23  and proceedings pending on and after such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15838-02-2