NY State Senate Bill 2017-S4218

Senate Bill S4218

2017-2018 Legislative Session

Provides that owners of real property in the city of New York shall designate the address or addresses where such owner receives their daily or regular mail

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Feb 06, 2017	referred to cities

2017-S4218 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §11-309.1, amd §§11-312, 11-313 & 11-314, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1084
2011-2012: S1343
2013-2014: S436
2015-2016: S2293

2017-S4218 (ACTIVE) - Summary

Provides that owners of real property in the city of New York shall designate the address or addresses where such owner receives their daily or regular mail upon registration of such property with the city's department of finance.

2017-S4218 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4218

 TITLE OF BILL :  An act to amend the administrative code of the city
of New York, in relation to the registration of property and
designation of mailing address or addresses

 PURPOSE :

Provides that owners of real property in the city of New York shall
designate the address where such owner receives their daily or regular
mail.

 SUMMARY OF PROVISIONS :

Adds a new section 11-309.1 (a). The owner of any lot, piece or parcel
of land in the city of New York must register such property, together
with the section, block and lot number thereof, or such other
identifying information as at the time it is established by the
department of finance, and a statement of the applicant's interest
therein, together with a written request that such lot, piece or
parcel of land be registered in the name of the applicant. In such
statement the applicant shall designate an address to which official
notifications and correspondence shall be mailed to; such address
shall be where the applicant receives their daily or regular mail.

Such applicant shall have the option of designating a second address

to which copies of all official notifications and correspondence shall
be mailed. A brief description of such lot, piece or parcel of land
corresponding to the description thereof in the statement so filed,
together with the name of the applicant and his or her designated
address and the date of such application, shall thereupon be
registered in the department of finance.

(b) The commissioner of finance or his or her designee shall for the
purpose of this section provide appropriate records for each section
of the city, included within the respective boroughs, as the same
shall appear upon the tax maps of the city.

 JUSTIFICATION :

Real estate tax, water and sewer bills and all legal documents
pertaining to a parcel of land, property or building must be
registered in the name and address where the individual owner or
organization receives daily or regular mail. It has become the
practice for individuals, organizations, or corporations to register
their properties at the property's address.

Unfortunately, real estate tax, water, and sewer bills pertaining to
the properties are being displaced or not received by the individual,
corporation or owner of record.

For example, the New York City Department of Finance quarterly mails
their bills and receives thousands of returns because the bills are
undeliverable. If bills are received in a timely manner landlords will
have the opportunity to pay their bills or make an agreement and thus
be able to keep their property.

 LEGISLATIVE HISTORY :

2013-2014 S.436/A.9411: Referred to cities
2015-2016 S.2293/A.6860: Referred to cities

 FISCAL IMPLICATIONS :

This legislation would have no fiscal impact to the State. The
legislation could increase city revenues and reduce billing expenses
by using a more appropriate and accurate billing address for the
owners of real property.

 EFFECTIVE DATE :
Ninetieth day after it shall become law.

2017-S4218 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4218
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2017
                                ___________
 
 Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  the  registration of property and designation of mailing
   address or addresses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 11-309.1 to read as follows:
   § 11-309.1 REGISTRATION OF PROPERTY.  A. THE OWNER OF ANY  LOT,  PIECE
 OR  PARCEL  OF LAND IN THE CITY OF NEW YORK MUST REGISTER SUCH PROPERTY,
 TOGETHER WITH THE SECTION, BLOCK AND LOT NUMBER THEREOF, OR  SUCH  OTHER
 IDENTIFYING  INFORMATION AS AT THE TIME IS ESTABLISHED BY THE DEPARTMENT
 OF FINANCE, AND A STATEMENT OF THE APPLICANT'S INTEREST THEREIN, TOGETH-
 ER WITH A WRITTEN REQUEST THAT SUCH LOT, PIECE  OR  PARCEL  OF  LAND  BE
 REGISTERED  IN  THE NAME OF THE APPLICANT.  IN SUCH STATEMENT THE APPLI-
 CANT SHALL DESIGNATE AN ADDRESS  TO  WHICH  OFFICIAL  NOTIFICATIONS  AND
 CORRESPONDENCE  SHALL  BE  MAILED  TO,  SUCH  ADDRESS SHALL BE WHERE THE
 APPLICANT  RECEIVES THEIR DAILY OR REGULAR MAIL.  SUCH  APPLICANT  SHALL
 HAVE  THE  OPTION OF DESIGNATING A SECOND ADDRESS TO WHICH COPIES OF ALL
 OFFICIAL NOTIFICATIONS AND CORRESPONDENCE SHALL  BE  MAILED.    A  BRIEF
 DESCRIPTION  OF  SUCH  LOT, PIECE OR PARCEL OF LAND CORRESPONDING TO THE
 DESCRIPTION THEREOF IN THE STATEMENT SO FILED, TOGETHER WITH THE NAME OF
 THE APPLICANT AND HIS OR HER DESIGNATED ADDRESS  OR  ADDRESSES  AND  THE
 DATE  OF  SUCH APPLICATION, SHALL THEREUPON BE REGISTERED IN THE DEPART-
 MENT OF FINANCE.
   B. THE COMMISSIONER OF FINANCE OR HIS OR HER DESIGNEE  SHALL  FOR  THE
 PURPOSE  OF THIS SECTION PROVIDE APPROPRIATE RECORDS FOR EACH SECTION OF
 THE CITY, INCLUDED WITHIN THE RESPECTIVE BOROUGHS,  AS  THE  SAME  SHALL
 APPEAR UPON THE TAX MAPS OF THE CITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08851-01-7

 S. 4218                             2
 
   § 2. Subdivisions a and b of section 11-312 of the administrative code
 of  the  city of New York, as amended by local law number 26 of the city
 of New York for the year 1996, are amended to read as follows:
   a. One-half (i) the uniform annual water charges and extra and miscel-
 laneous  charges  for  water not metered and (ii) annual service charges
 shall become due and payable, in advance if entered  on  January  first,
 nineteen  hundred  seventy-four for the period commencing January first,
 nineteen  hundred  seventy-four  and  ending  June  thirtieth,  nineteen
 hundred  seventy-four.    Commencing on June thirtieth, nineteen hundred
 seventy-four, uniform annual water charges and extra  and  miscellaneous
 charges  for  water  not metered and annual service charges shall be due
 and payable in advance on the thirtieth day of June  in  each  year,  if
 entered.  If  any of such rents and charges which become due and payable
 on or before June thirtieth, nineteen hundred seventy-six shall not have
 been paid to the commissioner of finance or his or her  designee  on  or
 before  the last day of the month following the month of entry, it shall
 be the duty of the commissioner of finance or his  or  her  designee  to
 charge,  collect  and  receive  interest thereon to be calculated at the
 rate of seven percent per annum from the date when such rents and charg-
 es became due and payable to  December  thirty-first,  nineteen  hundred
 seventy-six,  and  at the rate of fifteen percent per annum from January
 first, nineteen hundred seventy-seven to the date of payment. If any  of
 such  rents  and  charges which shall become due and payable on or after
 June thirtieth, nineteen hundred  seventy-seven  are  not  paid  to  the
 commissioner of finance or his or her designee on or before the last day
 of  the  month following the month of entry, it shall be the duty of the
 commissioner of finance or his or her designee to  charge,  collect  and
 receive interest thereon to be calculated at the rate of fifteen percent
 per annum from the date when such rents and charges became due and paya-
 ble  to  the date of payment. If not so entered and payable, but entered
 at any time subsequent thereto, they  shall  be  due  and  payable  when
 entered  and  notice  thereof  shall  be mailed within five days of such
 entry to the [premises against  which  they  are  imposed  addressed  to
 either  the  owner  or  the  occupant and] OWNER OF SUCH PREMISES AT THE
 ADDRESS OR ADDRESSES REGISTERED WITH THE DEPARTMENT OF FINANCE  PURSUANT
 TO  SECTION  11-309.1  OF THIS CHAPTER, if entered on or before December
 thirty-first, nineteen hundred seventy-six but not paid on or before the
 last day of the month following the month of entry, it shall be the duty
 of the commissioner of finance or his or her designee to charge, collect
 and receive interest thereon to be  calculated  at  the  rate  of  seven
 percent per annum from the date of entry to December thirty-first, nine-
 teen  hundred  seventy-six, and at the rate of fifteen percent per annum
 from January first,  nineteen  hundred  seventy-seven  to  the  date  of
 payment;  if  entered on or after January first, nineteen hundred seven-
 ty-seven but not paid on or before the last day of the  month  following
 the  month of entry, it shall be the duty of the commissioner of finance
 or his or her designee to charge, collect and receive  interest  thereon
 to  be calculated at the rate of fifteen percent per annum from the date
 of entry to the date of payment.
   b. All charges for meters and their connections and for their setting,
 repair and maintenance, and all charges in accordance with  meter  rates
 for supply of water measured by meter, including minimum charges for the
 supply  of  water  measured  by  meter,  shall  be  due and payable when
 entered, and notice thereof shall be mailed within  five  days  of  such
 entry stating the amount due and the nature of the rent or charge to the
 [last  known  address  of the person whose name appears on the record of

 S. 4218                             3

 such rents and charges as being the owner, occupant or agent  or,  where
 no  name  appears]  OWNER  OF  SUCH PREMISES AT THE ADDRESS OR ADDRESSES
 REGISTERED WITH THE DEPARTMENT OF FINANCE PURSUANT TO  SECTION  11-309.1
 OF  THIS  CHAPTER,  AND to the premises addressed to either the owner or
 the occupant, and if entered on or before December  thirty-first,  nine-
 teen  hundred  seventy-six but not paid on or before the last day of the
 month following the month of entry, it shall be the duty of the  commis-
 sioner  of finance or his or her designee to charge, collect and receive
 interest thereon to be calculated at the rate of seven percent per annum
 from the date of entry to December thirty-first, nineteen hundred seven-
 ty-six, and at the rate of fifteen percent per annum from January first,
 nineteen hundred seventy-seven to the date of payment; if entered on  or
 after  January  first, nineteen hundred seventy-seven but not paid on or
 before the thirtieth day following the date of entry, it  shall  be  the
 duty  of  the  commissioner of finance or his or her designee to charge,
 collect and receive interest thereon to be calculated  at  the  rate  of
 fifteen percent per annum from the date of entry to the date of payment.
   § 3. Subdivisions b and c of section 11-313 of the administrative code
 of  the city of New York, as amended by local law number 26 and subdivi-
 sion b as separately amended by local law number 59 of the city  of  New
 York for the year 1996, are amended to read as follows:
   b. The sewer rents charged against metered premises in accordance with
 the  provisions  of paragraphs two and three of subdivision b of section
 24-514 of the code and the  rules  duly  promulgated  pursuant  to  such
 section,  including  the  minimum rents for the use of the sewer system,
 charged pursuant to such section and rules, and the sewer rents  charged
 against  any  premises  in  accordance with the provisions of paragraphs
 four and five of subdivision b of section 24-514 of the code  and  rules
 duly  promulgated  pursuant to such section, including the minimum rents
 for the use of the sewer system, charged pursuant to  such  section  and
 rules shall become due and shall become a charge or lien on the premises
 when  the  amount  thereof  shall have been fixed by the commissioner of
 environmental protection, and an entry  thereof  shall  have  been  made
 against  such premises with the date of such entry, in the book in which
 sewer rents are to be entered. The sewer surcharges charged against  any
 premises  pursuant  to  section  24-523 of the code shall become due and
 shall become a charge or lien on the premises when  the  amount  thereof
 shall  have  been  fixed by the commissioner of environmental protection
 and an entry thereof shall have been made against such premises  in  the
 book  in  which  sewer  surcharges  are to be entered. A notice thereof,
 stating the amount due and the nature of the rent, surcharge  or  charge
 shall  be  mailed, within five days after such entry, to the [last known
 address of the person whose name appears upon the records in the  office
 of  the  department of finance as being the owner, occupant or agent or,
 where no name appears, to the premises addressed to either the owner  or
 the  occupant] OWNER OF SUCH PREMISES AT THE ADDRESS OR ADDRESSES REGIS-
 TERED WITH THE DEPARTMENT OF FINANCE PURSUANT  TO  SECTION  11-309.1  OF
 THIS CHAPTER.  If such rent, surcharge or charge shall have been entered
 on or before December thirty-first, nineteen hundred seventy-six but not
 paid  on  or  before  the  last  day of the month following the month of
 entry, it shall be the duty of the commissioner of finance or his or her
 designee to charge, collect and receive interest thereon  to  be  calcu-
 lated  at  the rate of seven percent per annum from the date of entry to
 December thirty-first, nineteen hundred seventy-six, and at the rate  of
 fifteen  percent per annum from January first, nineteen hundred seventy-
 seven to the date of payment; if entered  on  or  after  January  first,

 S. 4218                             4
 
 nineteen  hundred  seventy-seven but not paid on or before the thirtieth
 day following the date of entry, it shall be the duty of the commission-
 er of finance or his or her designee  to  charge,  collect  and  receive
 interest  thereon  to  be  calculated at the rate of fifteen percent per
 annum from the date of entry to the date of payment. The rents or charg-
 es for the use of the sewer system charged during any  specified  period
 of time pursuant to the provisions of section 24-514 of the code and the
 rules  promulgated  thereunder shall be computed, in accordance with the
 provisions of such section and the rules duly promulgated thereunder, on
 the basis of water rents or charges computed for the same period.
   c. Sewer rents charged against unmetered premises in  accordance  with
 the  provisions  of paragraphs two and three of subdivision b of section
 24-514 of the code and the  rules  duly  promulgated  pursuant  to  such
 section,  for  the  use  of  the sewer system during the one-year period
 commencing on the first day of July of each year, shall be due and paya-
 ble and shall become a charge or lien on the premises on the  first  day
 of  January  following  such  first day of July, if entered, except that
 commencing on June thirtieth, nineteen hundred seventy-four  such  sewer
 rents  shall  be due and payable in advance on the thirtieth day of June
 in each year, if entered, and shall become a charge or lien on the prem-
 ises on such date. If any of such rents or charges which became due  and
 payable  on or before June thirtieth, nineteen hundred seventy-six shall
 not have been paid to the commissioner of finance or his or her designee
 within thirty days after such first day of January,  or,  commencing  on
 the  thirtieth  day of June, nineteen hundred seventy-four, on or before
 the last day of the month following the month of entry, it shall be  the
 duty  of  the  commissioner of finance or his or her designee to charge,
 collect and receive interest thereon to be calculated  at  the  rate  of
 seven  percent  per annum from the date when such charges became due and
 payable to December thirty-first, nineteen hundred seventy-six,  and  at
 the  rate  of  fifteen  percent  per  annum from January first, nineteen
 hundred seventy-seven to the date of payment. If any of  such  rents  or
 charges  which  shall become due and payable on or after June thirtieth,
 nineteen hundred seventy-seven are  not  paid  to  the  commissioner  of
 finance  or  his  or her designee on or before the last day of the month
 following the month of entry, it shall be the duty of  the  commissioner
 of  finance or his or her designee to charge, collect and receive inter-
 est thereon to be calculated at the rate of fifteen  percent  per  annum
 from  the  date when such rents or charges became due and payable to the
 date of payment. If not so entered and payable, but entered at any  time
 subsequent  thereto,  they  shall  be due and payable and shall become a
 charge or lien on the premises when entered and notice thereof shall  be
 mailed  within five days after such entry, to the [last known address of
 the person whose name appears upon the  records  in  the  department  of
 finance  as  the  owner  or the occupant or if no name appears] OWNER OF
 SUCH PREMISES AT THE ADDRESS OR ADDRESSES REGISTERED WITH THE DEPARTMENT
 OF FINANCE PURSUANT TO SECTION 11-309.1 OF  THIS  CHAPTER,  AND  to  the
 premises addressed to either the owner or occupant. If any of such rents
 or  charges which were entered on or before December thirty-first, nine-
 teen hundred seventy-six but not paid on or before the last day  of  the
 month  following the month of entry, it shall be the duty of the commis-
 sioner of finance or his or her designee to charge, collect and  receive
 interest thereon to be calculated at the rate of seven percent per annum
 from the date of entry to December thirty-first, nineteen hundred seven-
 ty-six, and at the rate of fifteen percent per annum from January first,
 nineteen  hundred seventy-seven to the date of payment; if entered on or

 S. 4218                             5
 
 after January first, nineteen hundred seventy-seven but not paid  on  or
 before  the last day of the month following the month of entry, it shall
 be the duty of the commissioner of finance or his  or  her  designee  to
 charge,  collect  and  receive  interest thereon to be calculated at the
 rate of fifteen percent per annum from the date of entry to the date  of
 payment.  The sewer rents charged against unmetered premises for the use
 of the sewer system during the one-year period commencing on  the  first
 day  of  July  of  each  year  shall  be computed in accordance with the
 provisions of section 24-514 of the code and the rules duly  promulgated
 thereunder,  upon  the  basis of water rents or charges computed for the
 same period.
   § 4. Section 11-314 of the administrative code  of  the  city  of  New
 York,  as amended by local law number 59 of the city of New York for the
 year 1996, is amended to read as follows:
   § 11-314 Notice of rules  and  regulations;  penalty  for  nonpayment;
 water  supply  cut  off.  The rates and charges for supply of water, the
 annual service charges and minimum charges, the sewer rents,  the  sewer
 surcharges,  the  rules and regulations concerning the use of water, all
 other rules and regulations  affecting  users  of  water  or  concerning
 charges for supply of water, restrictions of the use of water, installa-
 tion  of  meters,  and  all  rules  and  regulations  affecting property
 connected with the sewer system, penalties and fines for  violations  of
 rules and regulations shall be printed on each bill and permit so far as
 in the judgment of the commissioner of environmental protection they are
 applicable.  This  section  and  such  printing and the printing of this
 section on such bills and permits shall be sufficient notice to  owners,
 tenants  or occupants of premises to authorize the imposition and recov-
 ery of any charges, surcharges and fines imposed under  such  rules  and
 regulations and of any penalties imposed in pursuance of this chapter in
 addition to cutting off the supply of water. Where water charges payable
 in  advance or sewer rents or charges payable as provided in subdivision
 c of section 11-313 of this chapter, are  not  paid  within  the  period
 covered  by  such  charges  or rents, and a notice of such nonpayment is
 mailed by the commissioner of finance  to  the  [premises  addressed  to
 "owner or occupant,"] OWNER OF SUCH PREMISES AT THE ADDRESS OR ADDRESSES
 REGISTERED  WITH  THE DEPARTMENT OF FINANCE PURSUANT TO SECTION 11-309.1
 OF THIS CHAPTER, the commissioner of environmental protection  may  shut
 off  the supply of water to such premises. Where water charges not paya-
 ble in advance or sewer rents, sewer surcharges or  charges  payable  as
 provided  in subdivisions b and d of section 11-313 of this chapter have
 been made by the department and remain unpaid for more than thirty  days
 or where the commissioner of environmental protection has certified that
 there is a flagrant and continued violation of a provision or provisions
 of  section  24-523 of the code or of any rule or regulation promulgated
 pursuant thereto or of any order of the  commissioner  of  environmental
 protection  issued  pursuant thereto, after notice thereof mailed to the
 [premises addressed to "owner or occupant,"] OWNER OF SUCH  PREMISES  AT
 THE  ADDRESS  OR  ADDRESSES  REGISTERED  WITH  THE DEPARTMENT OF FINANCE
 PURSUANT TO SECTION 11-309.1 OF THIS CHAPTER, the commissioner of  envi-
 ronmental protection may shut off the supply of water to the premises.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately any rules or regulations neces-
 sary for the timely implementation of this act on its effective date are
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.

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