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History
- Referred to local government
- Referred to local government
Full text
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Title of bill
An act to amend the real property tax law, in relation to the procedure for reviewing small claims in certain cases
Purpose or general idea of bill
The bill allows a small claims proceeding where an aggrieved owner is not timely notified of the results of a properly filed real property tax assessment grievance.
Summary of specific provisions
Where an aggrieved property owner filed a petition for review of his/her tax assessment with the local authorities and has not received the notice of determination at least seven business days prior to the last day to file the small claims petition, such owner shall be entitled to commence such small claims proceeding. In such case, the fee would be refunded regardless of outcome. The property owner would be advised of this petition procedure on the form upon which a complaint is filed with the local authorities.
Effects of present law which this bill would alter
Subdivision 10 is added to section 730 of the real property tax law.
Justification
The current statutory deadline to file for a judicial review of a tax assessment (30 days after the completion of the final assessment rolls or in New York City by October 24th) has precluded many property owners from pursuing such a remedy. Notwithstanding the filing of a timely application to appeal the assessment with the local tax commission or assessment, numerous property owners have been unable to exercise their rights in the small claims forum because they either never received a final determination or offer from the local tax commission or assessment or they received a notice of the determination too late to act. By authorizing a small claims proceeding where an aggrieved owner is not timely notified of the results by local authorities, the enactment of this bill will preserve an existing right and will enable property owners to fulfill the legislative intent of property tax relief for homeowners as stated in Chapter 1022 L 1981.
Effective date
Immediately and shall apply to petitions filed against assessment rolls prepared on or after the first of January next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.