Bill Text: NY A10522 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the definition of heirs property for purposes of partition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - substituted by s9230 [A10522 Detail]

Download: New_York-2021-A10522-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10522

                   IN ASSEMBLY

                                      June 1, 2022
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
          read once and referred to the Committee on Ways and Means

        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