senate Bill S1084A

2009-2010 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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to cities
Mar 17, 2009 print number 1084a
amend (t) and recommit to cities
Jan 26, 2009 referred to cities

Bill Amendments

Original
A (Active)
Original
A (Active)

S1084 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §11-309.1, amd §§11-312, 11-313 & 11-314, NYC Ad Cd

S1084 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S1084

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


PURPOSE OR GENERAL IDEA OF BILL :
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 SPECIFIC 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. 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.

Rational, 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.

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

PRIOR LEGISLATIVE HISTORY :
S.1490 of 2007/08 Referred to Cities
A.1985 of 2007/08 Referred to Cities
A.8547/S.6180 of 2004

FISCAL IMPLICATIONS :
Unknown.

EFFECTIVE DATE :
Ninetieth day after is shall become law; effective immediately, any
rules or regulations necessary 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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The Bill text is not available.

S1084A (ACTIVE) - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Add §11-309.1, amd §§11-312, 11-313 & 11-314, NYC Ad Cd

S1084A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER: S1084A

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 t he 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 :
A.1985, S.1490 of 2007/08
A.2455, S.1282 of 2005/06
A.8547 of 2003/2004

FISCAL IMPLICATIONS :
Unknown.

EFFECTIVE DATE :
Ninetieth day after it shall become law.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1084--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 26, 2009
                               ___________

Introduced  by  Sens. DILAN, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
  LEY, KRUEGER,  MONTGOMERY,  ONORATO,  PARKER,  SAMPSON,  SCHNEIDERMAN,
  STAVISKY  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:
  S 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.
                                                           LBD01850-03-9

S. 1084--A                          2

  S 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. 1084--A                          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.
  S 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. 1084--A                          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. 1084--A                          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.
  S 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:
  S 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.
  S  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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