Bill Text: NY A01582 | 2013-2014 | General Assembly | Amended
Bill Title: Prevents referees from being held liable for interest or penalties on transfer taxes to be paid on deeds filed in their capacity as referee pursuant to a judgment of foreclosure and sale.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-23 - signed chap.356 [A01582 Detail]
Download: New_York-2013-A01582-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1582--A
Cal. No. 85
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Judiciary -- advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the tax law and the administrative code of the city of
New York, in relation to the liability of referees for interest and
penalties in connection with transfer taxes on deeds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The tax law is amended by adding a new section 1422 to read
2 as follows:
3 S 1422. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
4 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
5 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
6 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
7 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
8 THIRTY-SEVEN OF THIS CHAPTER.
9 S 2. The tax law is amended by adding a new section 1437 to read as
10 follows:
11 S 1437. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
12 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
13 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
14 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
15 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
16 THIRTY-SEVEN OF THIS CHAPTER.
17 S 3. The tax law is amended by adding a new section 1438-p to read as
18 follows:
19 S 1438-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
20 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
21 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
22 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04799-05-3
A. 1582--A 2
1 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
2 THIRTY-SEVEN OF THIS CHAPTER.
3 S 4. Article 31-A-2 of the tax law, as added by chapter 556 of the
4 laws of 2007, is amended by adding a new section 1439-p to read as
5 follows:
6 S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
7 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
8 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
9 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
10 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
11 THIRTY-SEVEN OF THIS CHAPTER.
12 S 5. Article 31-A-2 of the tax law, as added by chapter 543 of the
13 laws of 2007, is amended by adding a new section 1439-p to read as
14 follows:
15 S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
16 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
17 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
18 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
19 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
20 THIRTY-SEVEN OF THIS CHAPTER.
21 S 6. Article 31-A-2 of the tax law, as added by chapter 544 of the
22 laws of 2007, is amended by adding a new section 1439-p to read as
23 follows:
24 S 1439-P. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
25 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
26 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
27 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
28 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
29 THIRTY-SEVEN OF THIS CHAPTER.
30 S 7. The tax law is amended by adding a new section 1439-pp to read as
31 follows:
32 S 1439-PP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
33 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
34 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
35 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
36 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
37 THIRTY-SEVEN OF THIS CHAPTER.
38 S 8. The tax law is amended by adding a new section 1447-a to read as
39 follows:
40 S 1447-A. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
41 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
42 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
43 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
44 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
45 THIRTY-SEVEN OF THIS CHAPTER.
46 S 9. The tax law is amended by adding a new section 1448-v to read as
47 follows:
48 S 1448-V. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
49 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
50 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
51 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
52 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
53 THIRTY-SEVEN OF THIS CHAPTER.
54 S 10. The tax law is amended by adding a new section 1449-u to read as
55 follows:
A. 1582--A 3
1 S 1449-U. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
2 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
3 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
4 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
5 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
6 THIRTY-SEVEN OF THIS CHAPTER.
7 S 11. The tax law is amended by adding a new section 1449-pp to read
8 as follows:
9 S 1449-PP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
10 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
11 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
12 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
13 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
14 THIRTY-SEVEN OF THIS CHAPTER.
15 S 12. The tax law is amended by adding a new section 1449-ppp to read
16 as follows:
17 S 1449-PPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF
18 A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
19 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
20 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
21 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
22 THIRTY-SEVEN OF THIS CHAPTER.
23 S 13. The tax law is amended by adding a new section 1449-pppp to read
24 as follows:
25 S 1449-PPPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF
26 A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
27 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
28 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
29 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
30 THIRTY-SEVEN OF THIS CHAPTER.
31 S 14. The tax law is amended by adding a new section 1449-ppppp to
32 read as follows:
33 S 1449-PPPPP. FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS
34 OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
35 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
36 OR SHERIFF EFFECTUATING SUCH TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
37 EST OR PENALTIES THAT ARE AUTHORIZED PURSUANT TO THIS ARTICLE OR ARTICLE
38 THIRTY-SEVEN OF THIS CHAPTER.
39 S 15. Section 1240 of the tax law, as added by chapter 93 of the laws
40 of 1965, is amended to read as follows:
41 S 1240. Administration and collection. The taxes authorized under
42 sections twelve hundred one through twelve hundred four OF THIS ARTICLE
43 which are now imposed shall continue to be administered and collected by
44 the fiscal or other officers of the city, county or school district in
45 the same manner as such taxes have been administered and collected by
46 such officers immediately prior to the enactment of this article, in
47 accordance with the applicable provisions of the charter, administrative
48 code, local law, ordinance or resolution then in force, with such amend-
49 ments in respect to administration and collection as may be enacted.
50 Taxes authorized under sections twelve hundred one through twelve
51 hundred four OF THIS ARTICLE which may hereafter be imposed by a city,
52 county or school district shall be administered and collected in such
53 manner as may be provided in its charter, administrative code, local
54 laws, ordinances or resolutions, with such amendments in respect to
55 administration and collection as may be enacted. NOTWITHSTANDING ANY
56 OTHER PROVISION OF LAW TO THE CONTRARY, THE AUTHORIZATION TO IMPOSE TAX
A. 1582--A 4
1 UPON THE TRANSFER OF REAL PROPERTY PURSUANT TO SUBDIVISION (B) OF
2 SECTION TWELVE HUNDRED ONE OF THIS ARTICLE, SHALL NOT, WHEN THE CONVEY-
3 ANCE CONSISTS OF A TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF
4 THE COURT IN A FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPER-
5 TY, INCLUDE THE AUTHORIZATION TO IMPOSE CIVIL OR CRIMINAL PENALTIES,
6 INTEREST, OR OTHER LIABILITY UPON THE REFEREE OR SHERIFF EFFECTUATING
7 THE TRANSFER.
8 S 16. The administrative code of the city of New York is amended by
9 adding a new section 11-2119 to read as follows:
10 S 11-2119 FORECLOSURE PROCEEDINGS. WHERE THE CONVEYANCE CONSISTS OF A
11 TRANSFER OF PROPERTY MADE AS A RESULT OF AN ORDER OF THE COURT IN A
12 FORECLOSURE PROCEEDING ORDERING THE SALE OF SUCH PROPERTY, THE REFEREE
13 OR SHERIFF EFFECTUATING THE TRANSFER SHALL NOT BE LIABLE FOR ANY INTER-
14 EST OR PENALTIES AUTHORIZED BY THIS CHAPTER OR CHAPTER FORTY OF THIS
15 TITLE.
16 S 17. This act shall take effect immediately; provided, however, that
17 the amendment to article 31-A-1 of the tax law made by section three of
18 this act shall not affect the repeal of such article and shall be deemed
19 to repeal therewith; that the amendment to article 31-A-2 of the tax
20 law, as added by chapter 556 of the laws of 2007, made by section four
21 of this act shall not affect the repeal of such article and shall be
22 deemed to repeal therewith; that the amendment to article 31-A-2 of the
23 tax law, as added by chapter 543 of the laws of 2007, made by section
24 five of this act shall not affect the repeal of such article and shall
25 be deemed to repeal therewith; that the amendment to article 31-A-2 of
26 the tax law, as added by chapter 544 of the laws of 2007, made by
27 section six of this act shall not affect the repeal of such article and
28 shall be deemed repeal therewith; that the amendment to article 31-A-3
29 of the tax law made by section seven of this act shall not affect the
30 repeal of such article and shall be deemed to repeal therewith; that the
31 amendment to article 31-B of the tax law made by section eight of this
32 act shall not affect the repeal of such article and shall be deemed to
33 repeal therewith; that the amendment to article 31-D of the tax law made
34 by section eleven of this act shall not affect the repeal of such arti-
35 cle and shall be deemed to repeal therewith; that the amendment to arti-
36 cle 31-F of the tax law made by section thirteen of this act shall not
37 affect the repeal of such article and shall be deemed to repeal there-
38 with.
