Assembly Bill A1410

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

                                  1410

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- 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 Manhattan to the person or persons who would have inherited
  said  property from former owner Enola Walker, deceased, notwithstand-
  ing 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. 1902, Lot No. 126 on the tax map for the borough of  Manhat-
  tan

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

  Section 1.  Findings. On February 5, 1993, through a Manhattan in  rem
tax  foreclosure action, the city of New York acquired title to premises
designated as lot no. 126 in tax block 1902,  also  known  as  107  West
117th Street, in the borough of Manhattan, based on non-payment of taxes
due  to  inadvertence by Enola Walker, 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 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 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 acquisition
thereof, state legislation is necessary to restore said property to  the
distributee  or distributees of the aforesaid former owner. In addition,
since the New York city charter requires that the  sale  of  city  owned

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

                                                           LBD00255-01-9

A. 1410                             2

property  be  at  public  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 1902, lot no. 126 on the tax map of the city for  the  borough  of
Manhattan  as  said map was on January 1, 1993, to the person or persons
who would have legally inherited said real property from  Enola  Walker,
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
executrix  of the estate of the grantee 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  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.