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

                                  3487

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Judiciary

AN  ACT  to release Yeshivas Novominsk from all New York city department
  of health and mental hygiene charges assessed  against  real  property
  located within the borough of Brooklyn

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

  Section 1. Findings. On October 7, 1999, Yeshivas  Novominsk,  a  non-
profit institution dedicated to providing religious and secular instruc-
tion to students, acquired title to premises designated as lot 39 in tax
block  5517, also known as 1680 60th Street, in the borough of Brooklyn.
The former owner of said property, Yeshiva Tifereth Elimelech,  had  New
York  City  Department  of  Health  and  Mental Hygiene charges assessed
against the property on New York City Department of  Finance  tax  bills
for  alleged  cleanup  work during the period that the premises were not
occupied, from January of 1997 through November of 1999. Yeshiva  Tifer-
eth  Elimelech  vigorously protested these charges and further presented
detailed evidence to the City that they were not  given  ample  time  to
conduct  their  own  cleanup  work and that the Department of Health and
Mental Hygiene's  repeated  inspections  and  pest  exterminations  were
unnecessary.  Despite Yeshiva Tifereth Elimelech's ongoing legal efforts
to have the charges reduced or eliminated, the City continued to  assess
the  charges  as  well as interest on the disputed amounts. The City has
informed Yeshiva Tifereth Elimelech that they can no longer  appeal  the
assessed  charges.  In the interim the property was acquired by Yeshivas
Novominsk, which has now been charged for  the  disputed  Department  of
Health  and  Mental  Hygiene  work  done  on the property prior to their
taking possession. Yeshivas Novominsk  is  also  being  charged  ongoing
interest  on  the  disputed charges. The Department of Health and Mental
Hygiene also did work at the property shortly after  Yeshivas  Novominsk
took  possession  without  any  notice to the new owner.  As a matter of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06941-01-9
              

A. 3487                             2

equity, Yeshivas Novominsk should not be held  responsible  for  charges
incurred prior to their owning the property, let alone interest on those
charges,  yet  the  City  refuses  to release them from the charges, and
continues to add interest. All attempts at legal and political solutions
have been tried and failed.
  S 2. Notwithstanding any other provision of general, special, or local
law,  charter,  or  administrative code to the contrary, the city of New
York is hereby authorized and instructed to release  Yeshivas  Novominsk
from  all  Department  of  Health  and  Mental  Hygiene charges assessed
against the above-cited property through November of 1999,  as  well  as
all interest accrued on such charges.
  S 3. This act shall take effect immediately.