Senate Bill S3569

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

                                 3569--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 24, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities --  recommitted  to
  the  Committee  on  Cities in accordance with Senate Rule 6, sec. 8 --
  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
restore  said property to the estate of Hilda Spivak. In addition, since

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07468-05-0
              

S. 3569--A                          2

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.