S T A T E   O F   N E W   Y O R K
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                                  1608

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

Introduced  by  Sen.  SAVINO -- 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  interest  in
  certain  real  property  acquired  by  in  rem  tax foreclosure in the
  borough of Staten Island to the estate of former owner  Hilda  Spivak,
  notwithstanding  expiration of the two year period within which appli-
  cation may be made to the city to release  its  interest  in  property
  thus  acquired;  Block No. 1124, Lot No. 19 on tax map for the borough
  of Staten Island

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

  Section 1. Findings. On September 15, 1970, through a Staten Island in
rem  tax  foreclosure,  the  city of New York acquired title to premises
designated as lot #19 in tax block 1124 in Staten Island, New  York,  in
the borough of Staten Island, based on non-payment of taxes due to inad-
vertent  failure  to pay taxes thereon by Hilda Spivak, the former owner
of such property who is now deceased. 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  adminis-
trative  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  foreclo-
sure  release  board. Since that period has now elapsed, and pending the
effectiveness of the chapter of the laws of 2011 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  acquisition  thereof, state legislation is necessary to
restore said property to the estate of Hilda Spivak. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05672-01-1

              

S. 1608                             2

law), state legislative authorization is necessary to permit said recon-
veyance.
  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 1124, lot #19, on the tax map of  the  city  for  the  borough  of
Staten  Island  as  said  map was on September 15, 1970 to the estate of
Hilda Spivak, who have legally inherited said real property  from  Hilda
Spivak,  deceased,  the former record owner of said property at the time
of her demise.
  S 3. Such release and reconveyance may 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 gran-
tee meeting the following conditions precedent:
  (a) Submit an application for release in writing to the  city  commis-
sioner of the department 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  the  approval of the application by the in rem foreclosure release
board.
  S 4. This chapter of the laws of 2011 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
herein.
  S 5. This act shall take effect immediately.