Bill Text: NY A07271 | 2017-2018 | General Assembly | Introduced

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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) 2018-01-03 - referred to real property taxation [A07271 Detail]

Download: New_York-2017-A07271-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7271
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     April 17, 2017
                                       ___________
        Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
          tee on Real Property Taxation
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10638-01-7
        A. 7271                             2
     1  this  act  shall,  if  the  time  for  such  disclosure  pursuant to the
     2  provisions of such subdivision 2 has passed in a proceeding  pending  on
     3  the effective date of this act, be made within thirty days of the effec-
     4  tive  date  of  this act, and the petitioner shall have a continuance of
     5  thirty days from receipt thereof to review such disclosures  and  submit
     6  or  modify  such  documents  or other evidence, or make such motions, as
     7  such disclosures may prompt.