Assembly Bill A10189

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

                                  10189

                          I N  A S S E M B L Y

                             March 10, 2010
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Cities

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  the  Bronx  to former owner Davmoricio Co. Inc., 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. 3194, lot No.  27 on tax map for  the  borough  of
  Bronx

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

  Section 1. Findings. On July 11, 1984, through  a  Bronx  in  rem  tax
foreclosure  action,  the  city  of  New York acquired title to premises
designated as lot 27 in tax block 3194, also known as 2146 Grand Avenue,
in the borough of the Bronx, based on non-payment of taxes due to  inad-
vertence  by  Gillisonville  Corp.,  a  former  owner  of such property.
Davmoricio Co. Inc. purchased the property from Gillisonville  Corp.  as
was  the last owner of record.  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 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 effec-
tiveness of a chapter of the laws of 2010 authorizing the in  rem  fore-
closure  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 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 recon-
veyance.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16200-01-0
              

A. 10189                            2

  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  3194,  lot  27, on the tax map of the city for the borough of the
Bronx as said map was in 1982, to Davmoricio Co. Inc., the former record
owner 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  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 approval of the application  by  the  in  rem  foreclosure  release
board.
  S  4.  This  act shall not be deemed to be the chapter upon the effec-
tiveness 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.