S T A T E   O F   N E W   Y O R K
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                                  3163

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 12, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT authorizing the city of New York to  reconvey  its  interests  in
  certain real property accrued August 8, 1978 by in rem tax foreclosure
  in  the  borough of the Bronx to Gardner Paige notwithstanding expira-
  tion of the two year period within which applications may be  made  to
  the  city to release its interest in property thus acquired; Block No.
  2347, Lot No. 12, on the tax map for the borough of the Bronx

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Findings. On August 8, 1978, through a borough of the Bronx
in  rem  tax foreclosure the city of New York acquired title to premises
designated as lot 12 in tax block 2347, also known  as  140  east  150th
street,  borough  of the Bronx, based on non-payment of taxes due to the
inadvertent failure to pay taxes thereon by the  former  owner  of  such
property, Gardner Paige. Pursuant to sections 11-424 and 11-424.1 of the
administrative  code  of  the city of New York, the city may release its
interest in property thus acquired if an application for such a  release
is  filed with the city's department of citywide administrative services
within two years of the date on which the city's deed is recorded and if
such application is approved by the in rem  foreclosure  release  board.
Since  that period has now elapsed, and pending the effectiveness of the
chapter of the laws of 2009 authorizing the in rem  foreclosure  release
board to authorize the release of property where an application for such
release  is made more than two years after the date of the city's acqui-
sition thereof, state legislation is necessary to restore said  property
to  the  aforesaid  owner.  In addition, since the New York city charter
requires that the sale of city owned property be at public auction or by
sealed bids (except as otherwise provided  by  law),  state  legislative
authorization is necessary to permit said reconveyance.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05019-03-9

              

S. 3163                             2

  S  2. Notwithstanding any other provision of general, special or local
law, charter or administrative code  to  the  contrary  and  subject  to
section  three of this act, the city of New York is hereby authorized to
release its interest in and reconvey the real property designated as tax
block  2347,  lot  12, on the tax map of the city for the borough of the
Bronx as said map existed on August 8, 1978 to the former  record  owner
of said property on such date, Gardner Paige.
  S  3.  Such  release  and  reconveyance  shall  be  made only upon the
approval of the in rem foreclosure release board established by  section
11-424.1  of the administrative code of the city of New York, subject to
the grantees or grantee meeting the following conditions precedent:
  (a) Submit an application for release in writing to  the  commissioner
of  citywide  administrative  services  accompanied by a certified title
search, affidavit of ownership, and all fees and payments  as  otherwise
required by section 11-424 of the administrative code of the city of New
York.
  (b)  Pay all taxes, interest, penalties and charges otherwise required
by section 11-424 of the administrative code of the  city  of  New  York
upon  approval  of  the  application  by  the in rem foreclosure release
board.
  S 4. This chapter of the laws of 2009 shall not be deemed  to  be  the
chapter  upon  the effectiveness of which paragraph (2) of subdivision a
of section 11-424 of the administrative code of the city  of  New  York,
under  local law, depends. Accordingly, the provisions of such paragraph
(2) shall not apply to the release and  reconveyance  authorized  to  be
made in this act.
  S 5. This act shall take effect immediately.