NY State Senate Bill 2009-S5443

Senate Bill S5443

Signed By Governor

2009-2010 Legislative Session

Authorizes New York city to reconvey property obtained by in rem proceeding to Hussey

download bill text pdf

Archive: Last Bill Status Via A5651 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2009	signed chap.309
Jul 31, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate home rule request 3rd reading cal.808 substituted for s5443a
Jul 16, 2009	substituted by a5651a
Jul 15, 2009	ordered to third reading cal.808 committee discharged and committed to rules
May 19, 2009	print number 5443a
May 19, 2009	amend and recommit to cities
May 06, 2009	referred to cities

Votes

- Jul 16, 2009 - Floor Vote
  A5651
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (58)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (4)
      
      Diaz
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 15, 2009 - Rules Committee Vote
  S5443
  
  23
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 15, 2009
      
      aye (23)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      excused (1)
      
      Johnson

Bill Amendments

Original

A (Active)

2009-S5443 - Details

2009-S5443 - Summary

Authorizes New York city to reconvey property obtained by in rem proceeding to Thomas and Lucille Hussey.

2009-S5443 - Sponsor Memo

                                 BILL NUMBER:  S5443

 TITLE OF BILL :

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,
notwithstanding 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


 PURPOSE :

Authorizes New York city to reconvey property obtained by an in rem
proceeding to Lucille Hussey

 JUSTIFICATION :

On March 24, 1992, the property located at Block 11364, Lot 30, also
known as 133-47 84th Street, Ozone Park, in the borough of Queens, was
acquired by in rem tax foreclosure, based on non-payment of taxes due
to inadvertence by Thomas and Lucille Hussey, the former owners of
such property. Since the period for filing a release application to
the City has expired, pending the effectiveness of a chapter of the

laws of 1998 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 enabling 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 auction or by sealed bids (except as otherwise
provided by law), state legislative authorization is necessary to
permit said reconveyance.

 LEGISLATIVE HISTORY :

S.6707 (2008); S.5948 (1998).

 FISCAL IMPLICATIONS :

An application for release in writing to the city commissioner of
general 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.  All taxes,
interest, penalties and charges otherwise required by section 11-424
of the administrative code of the City of New York must be paid upon
approval of the application by the in rem foreclosure release board.

 EFFECTIVE DATE :
Immediately.

2009-S5443 - Bill Text download pdf

2009-S5443A (ACTIVE) - Details

2009-S5443A (ACTIVE) - Summary

Authorizes New York city to reconvey property obtained by in rem proceeding to Thomas and Lucille Hussey.

2009-S5443A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5443A

 TITLE OF BILL :

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,
notwithstanding 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


 PURPOSE :

Authorizes New York city to reconvey property obtained by an in rem
proceeding to Lucille Hussey.

 JUSTIFICATION :

On March 24, 1992, the property located at Block 11364, Lot 30, also
known as 133-47 84th Street, Ozone Park, in the borough of Queens, was
acquired by in rem tax foreclosure, based on non-payment of taxes due
to inadvertence by Thomas and Lucille Hussey, the former owners of
such property. Since the period for filing a release application to
the City has expired, pending the effectiveness of a chapter of the

laws of 1998 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 enabling 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 auction or by sealed bids (except as otherwise
provided by law), state legislative authorization is necessary to
permit said reconveyance.

 LEGISLATIVE HISTORY :

S.6707 (2008); S.5948 (1998).

 FISCAL IMPLICATIONS :

An application for release in writing to the city commissioner of
general 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.  All taxes,
interest, penalties and charges otherwise required by section 11-424
of the administrative code of the City of New York must be paid upon
approval of the application by the in rem foreclosure release board.

 EFFECTIVE DATE :
Immediately.

2009-S5443A (ACTIVE) - Bill Text download pdf

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

                                 5443--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 6, 2009
                               ___________

Introduced  by  Sen. ADDABBO -- 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 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.
                                                           LBD08615-04-9

S. 5443--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.

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