§ 44-5-7 - Provision for municipal installment payments.

SECTION 44-5-7

   § 44-5-7  Provision for municipalinstallment payments. – (a) Every city and town shall make provision for the payment in installments ofany tax levied under the provisions of § 44-5-1 by adding to and making apart of the resolution ordering the assessment and the collection of the tax anoption permitting persons assessed to pay their taxes in equal quarterlyinstallments if they so desire, free of any charges, interest, penalties, orother assessments, the amounts and dates for payment of the installments to bespecified in the resolution; provided, that the city or town may provide thatthe option contained in the resolution does not apply to any tax levied in anamount not in excess of one hundred dollars ($100) in which case the tax ispayable in a single installment.

   (2) As used in this section, "person assessed" includes: (i)the person named in the assessment, the record owner of the property assessed,and any attorney, property manager, or other person acting on behalf of theperson assessed, or the record owner of the property assessed; and (ii) Anymortgagee or other person having a lien or other security interest in theproperty assessed of any mortgage servicer, tax servicer, or agent of any suchmortgagee or lienholder.

   (b) If, prior to July 8, 1999, a mortgagee, holder of asecurity interest, mortgage servicer, tax servicer, or agent has been requiredby the tax collector of the city or town where the property is situated to paythe tax levied under the provisions of § 44-5-1 in a single installment,the tax collector, city or town, mortgagee, holder, mortgage servicer, taxservicer, or agent will be deemed, with respect to the single installmentpayment, to have complied with applicable law.

   (c) No tax collector of the city or town where the propertyassessed is situated shall impose or attempt to impose different requirementsrelating to payment of taxes based upon whether the person who actually paysthe tax is:

   (1) The person named in the assessment, the record owner ofthe property assessed, and any attorney, property manager, or other personacting on behalf of the person assessed, or the record owner of the propertyassessed; or

   (2) A mortgagee or other person having a lien or othersecurity interest in the property assessed or any mortgage servicer, taxservicer or agent of any mortgagee or lienholder.

   (d) A person assessed as defined in paragraph (a)(2)(ii) ofthis section may opt to continue to pay the tax assessed as of December 31,1996, in a single installment if the tax collector of the city or town wherethe property assessed is situated required those persons to pay the tax leviedunder the provisions of § 44-5-1 in a single installment. This subsectionapplies notwithstanding that, prior to July 8, 1999, the tax collector of thecity or town where the property assessed is located permitted the person to paythe tax levied under the provisions of § 44-5-1 in installments, but onlyupon payment of a charge, interest, penalty, or other assessment.

   (e) Compliance within this section is mandatory with respectto the tax assessed as of December 31, 1999, and thereafter.

   (f) This law is not applicable to any city or town that as ofJuly 8, 1999, offered a discount in exchange for a single installment payment.