S T A T E O F N E W Y O R K
________________________________________________________________________
6871
2009-2010 Regular Sessions
I N A S S E M B L Y
March 13, 2009
___________
Introduced by M. of A. CAMARA -- 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 Brooklyn to Jacquesline Menaged, 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.
1330, Lot No. 32 on the tax map for 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. In 1976, through a Brooklyn in rem tax foreclo-
sure action, the city of New York acquired title to premises designated
as lot no. 32 in tax block 1330, also known as 398 Lefferts Avenue, in
the borough of Brooklyn, based on non-payment of taxes due to inadver-
tence by Raymond Menaged, the former husband of the former owner of such
property. Pursuant to sections 11-424 and 11-424.1 of the administra-
tive 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 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10429-01-9
A. 6871 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 1330, lot no. 32 on the tax map of the city for the borough of
Brooklyn as said map was on January 1, 1974, to Jacquesline Menaged.
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 Jacques-
line Menaged 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.