S T A T E   O F   N E W   Y O R K
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                                 5651--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Cities -- 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 Queens to former owners Thomas and Lucille Hussey, notwith-
  standing expiration of the two year period  within  which  application
  may  be  made  to  the  city  to release its interest in property thus
  acquired; Block No. 11364, Lot No.  30 on tax map for the  borough  of
  Queens

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

  Section 1. Findings. On March 24, 1992, through a Queens  in  rem  tax
foreclosure  action,  the  city  of  New York acquired title to premises
designated as lot 30 in tax block  11364,  also  known  as  133-47  84th
Street,  Ozone  Park,  in the borough of Queens, based on non-payment of
taxes due to inadvertence by  Thomas  and  Lucille  Hussey,  the  former
owners of such property. 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 city wide 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  a
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 former owner. In addition,  since  the  New  York  city
charter  requires  that  the  sale  of  city owned property be at public

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08615-05-9

              

A. 5651--A                          2

auction or by sealed bids (except as otherwise provided by  law),  state
legislative authorization is necessary to permit said reconveyance.
  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 11364, lot 30, on the tax map of  the  city  for  the  borough  of
Queens  as said map was on March 24, 1992, to Thomas and Lucille Hussey,
the former record owners of said property on such date.
  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-
tees meeting the following conditions precedent:
  (a) Submit an application for release in writing to the  city  commis-
sioner  of  city wide 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
herein.
  S 5. This act shall take effect immediately.