Senate Bill S8139

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

                                  8139

                            I N  S E N A T E

                              June 11, 2010
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed 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 Bronx to former owner St. Peter's Lutheran Church, 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.  2285, Lot No. 73 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 September 25, 1981, through a Bronx in rem tax
foreclosure action, the city of New  York  acquired  title  to  premises
designated  as  lot  73  in tax block 2285, also known as 431 East 140th
Street, in the borough of Bronx, based on non-payment of  taxes  due  to
inadvertence  by  St.  Peter's Lutheran Church, the former owner of such
property. 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 prop-
erty 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 effectiveness of a  chapter
of  the laws of 2010 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.
  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

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

                                                           LBD14499-02-0

S. 8139                             2

release its interest in and reconvey the real property designated as tax
block 2285, lot 73, on the tax map of the city for the borough of  Bronx
as  said  map  was on September 25, 1981 to St. Peter's Lutheran Church,
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  chapter of the laws of 2010 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.