Bill Text: NY S07594 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that in judicial proceedings to review real property assessments in cities of one million or more inhabitants, the assessing method, capitalization rate, and other data or formula used to determine valuation must be disclosed to the petitioner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-19 - COMMITTEE DISCHARGED AND COMMITTED TO CITIES [S07594 Detail]

Download: New_York-2019-S07594-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7594

                    IN SENATE

                                    January 29, 2020
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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 requiring  the
          disclosure  to  the petitioner of the assessing method, capitalization
          rate, and certain other information used to determine valuation by the
          respondent in a judicial proceeding brought to review an assessment of
          real property in a city having a population of one million or more

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 2 of section 714 of the real property tax law
     2  is amended to read as follows:
     3    2.  If the respondent has not served an answer or moved to dismiss the
     4  petition prior to the service of a note of issue, except as hereinbefore
     5  provided, in order to raise an objection to the sufficiency of the peti-
     6  tion or assert an affirmative defense upon the hearing, he or  she  must
     7  serve  upon the petitioner within forty days after the service of a note
     8  of issue, a  notice  containing  a  statement  of  the  nature  of  such
     9  objection  or such defense, unless for good cause the time to serve such
    10  notice is extended by the court or a justice thereof,  on  an  order  to
    11  show  cause.   Unless the petitioner and respondent stipulate in writing
    12  for a hearing at an earlier date, no hearing shall  be  held  less  than
    13  thirty  days  after  service  of  such notice upon the petitioner.   The
    14  answer or notice served pursuant to the provisions of  this  subdivision
    15  shall  disclose the assessing method used, any capitalization rate used,
    16  and any other data or formula used to determine  the  valuation  of  the
    17  real property.
    18    §  2.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law and shall apply to proceedings commenced or pending on
    20  or after its effective date, and, in addition,  the  disclosure  of  the
    21  information  required  to be disclosed by the amendment made to subdivi-
    22  sion 2 of section 714 of the real property tax law  by  section  one  of
    23  this  act  shall,  if  the  time  for  such  disclosure  pursuant to the
    24  provisions of such subdivision 2 has passed in a proceeding  pending  on
    25  the effective date of this act, be made within thirty days of the effec-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06507-01-9

        S. 7594                             2

     1  tive  date  of  this act, and the petitioner shall have a continuance of
     2  thirty days from receipt thereof to review such disclosures  and  submit
     3  or  modify  such  documents  or other evidence, or make such motions, as
     4  such disclosures may prompt.
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