N.Y. Military Law § 314: Taxes; taxes on real property, et cetera

§ 314. Taxes; taxes on real property, et cetera. 1. The provisions of

this section shall apply when any taxes or assessments, whether general

or special, other than taxes on income, whether falling due prior or

during the period of military service in respect of personal property,

money or credits or real property owned and occupied for dwelling,

agricultural, or business purposes by a person in military service, or

his dependents, at the commencement of his period of military service

and still so occupied by his dependents or employees, are not paid.

2. No sale of such property shall be made to enforce the collection of

such tax or assessment, or any proceeding or action for such purpose

commenced, except upon leave of court granted upon application made

therefor by the collector of taxes or other officer whose duty it is to

enforce the collection of taxes or assessments. The court thereupon,

unless in its opinion the ability of the person in military service to

pay such taxes or assessments is not materially affected by reason of

such service, may stay such proceedings or such sale, as provided in

this act, for a period extending not more than six months after the

termination of the period of military service of such person.

3. When by law such property may be sold or forfeited to enforce the

collection of such tax or assessment, such person in military service

shall have the right to redeem or commence an action to redeem such

property, at any time not later than six months after the termination of

such service, but in no case later than six months after the date when

this act ceases to be in force; but this shall not be taken to shorten

any period, now or hereafter provided by the laws of the state, or any

political subdivision thereof, for such redemption.

4. (a) Except as provided in paragraph (b) of this subdivision,

whenever any tax or assessment shall not be paid when due, such tax or

assessment due and unpaid shall bear interest until paid at the rate of

six per centum per annum from the date when such tax first became a

lien, and no other penalty or interest shall be incurred by reason of

such nonpayment, whether such penalty or interest shall have accrued

prior or shall accrue subsequent to the commencement of the period of

military service of such person. Any lien for such unpaid taxes or

assessment shall also include such interest thereon.

(b) A municipal corporation is hereby authorized and empowered to

adopt a local law or, in the case of a school district, a resolution

providing that the rate of interest pursuant to this section on unpaid

taxes or assessment shall be at a rate less than six per centum per

annum.