S T A T E O F N E W Y O R K
________________________________________________________________________
4402--B
2009-2010 Regular Sessions
I N A S S E M B L Y
February 4, 2009
___________
Introduced by M. of A. HYER-SPENCER, TITONE, JEFFRIES -- read once and
referred to the Committee on Cities -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- recommitted to the Committee on Cities in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 a chapter of the laws of 2010 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07468-04-0
A. 4402--B 2
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
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 2010 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.