S T A T E   O F   N E W   Y O R K
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                                  5493

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 12, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed 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
              

S. 5493                             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.