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S7213Senate2011-2012 SessionSame asA4982

Provides that persons residing in property owned by a limited partnership shall be eligible for small claims assessment review; repealer

Sponsor Jack M. MartinsSD-7Affects Local Government
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A4982

What's happening

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Who cares

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Local Government

No co-sponsors yet.

History

  1. Substituted by A4982
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.837
  5. Referred to local government

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4982Assembly

Provides that persons residing in property owned by a limited partnership shall be eligible for small claims assessment review; repealer

Signed by Governor · Sponsor Sandy Galef

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S7213

Title of bill

An act to amend the real property tax law, in relation to the eligibility of persons residing in property owned by a limited partnership to seek small claims assessment review; and to repeal subdivision 9 of section 730 of the real property tax law relating thereto

Purpose or general idea of bill

To allow persons who own their homes through limited partnerships may qualify for Small Claims Assessment Review (SCAR) provided in Section 730 of the Real Property Tax Law.

Summary of specific provisions

Section 1 of this bill would amend subdivision 1 of Section 730 of the Real Property Tax Law by adding a new closing paragraph to allow persons who own property through limited partnerships may qualify for SCAR provided that the statutory requisites articulated in said subdivision have been satisfied. In addition, it clarifies that property held in trust may qualify for SCAR so long as the aforementioned statutory requirements have been met.

Justification

The purpose of the SCAR process is to allow residential homeowners the right to use a simplified system to have their real property assessments reviewed and save the expense and lengthy and complicated legal procedures of a tax certiorari proceeding. In this era of complex estate planning, many home owners hold title to their property through limited partnerships. This bill would recognize that this form of ownership should not disqualify such home owners from utilizing the SCAR process so long as the limited partnership that owns the property does not engage in any commercial activity and was created solely for estate planning and asset protection purposes. Furthermore, the home must serve as the primary residence of one of the partners and the partner or partners who primarily reside thereon personally pay all of the real property taxes and cost associated with the property's ownership.

Currently, Section 730 does not specify that limited partnerships do not qualify for SCAR, However, assessors, hearing officers and the Office of Court Administration have taken the position that limited partnerships do not qualify. Recently, the Supreme Court in Nassau County held that limited partnerships could qualify. By way of comparison, the qualifications for STAR exemptions have been recently amended to allow residential home owners who are in this situation to qualify for STAR. A new section 425 (2) (e) (ii) state that persons with property owned through limited partnerships may qualify for STAR.

Prior legislative history

A.7095A and S.2528A of 2009/2010

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.