Assembly Bill A5554

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

                                  5554

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Ways and Means

AN ACT to amend the Suffolk county tax act, in relation to the  sale  of
  delinquent tax liens on brownfields property

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

  Section 1. Chapter 311 of the laws of 1920  constituting  the  Suffolk
county  tax  act  is  amended  by  adding  a new section 46-a to read as
follows:
  S 46-A. THE COUNTY SHALL HAVE THE RIGHT TO  ENTER  INTO  CONTRACTS  TO
SELL  SOME  OR ALL OF ITS DELINQUENT TAX LIENS ON PROPERTY IDENTIFIED AS
BROWNFIELD SITES  PURSUANT  TO  SECTION  27-1405  OF  THE  ENVIRONMENTAL
CONSERVATION  LAW,  EXCEPT  SUPERFUND SITES PLACED ON THE U.S.  ENVIRON-
MENTAL PROTECTION AGENCY'S  (USEPA)  NATIONAL  PRIORITY  LIST  (NPL)  AS
DEFINED  BY  THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITIES ACT OF 1980 TO CLEAN UP  ABANDONED  HAZARDOUS  WASTE  SITES,
HELD  BY  SUCH  COUNTY  TO  ONE  OR  MORE PRIVATE PARTIES SUBJECT TO THE
FOLLOWING CONDITIONS:
  (A) THE CONSIDERATION TO BE PAID MAY BE MORE OR  LESS  THAN  THE  FACE
AMOUNT OF THE TAX LIENS SOLD.
  (B)  THE  COUNTY SHALL SET THE TERMS AND CONDITIONS OF THE CONTRACT OF
SALE AND ALL PRIOR CONTRACTS OF SALE SHALL BE DEEMED VALID AND SHALL  BE
ENFORCED  UNDER THIS ACT AND THAT THE COUNTY SHALL REQUIRE THE PURCHASER
TO REMEDIATE THE PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF TITLE  14
OF  ARTICLE  27  OF  THE  ENVIRONMENTAL  CONSERVATION LAW AND TO PROMOTE
INVESTMENT IN AND DEVELOPMENT OF SUCH PARCELS.
  (C) THE COUNTY SHALL PROVIDE PROPERTY OWNERS WITH AT LEAST THIRTY DAYS
ADVANCE NOTICE OF SUCH SALE IN THE SAME FORM AND MANNER AS  IS  PROVIDED
BY  SUBDIVISION 2 OF SECTION 1190 OF THE REAL PROPERTY TAX LAW AND SHALL
BE DONE BY REGULAR MAIL TO THE LAST KNOWN ADDRESS.  FAILURE  TO  PROVIDE
SUCH  NOTICE  BY  THE COUNTY SHALL NOT IN ANY WAY AFFECT THE VALIDITY OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09128-01-1
              

A. 5554                             2

ANY SUCH SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY OF THE TAXES OR
INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  (D)  THE  SALE OF A TAX LIEN PURSUANT TO THIS ACT SHALL NOT OPERATE TO
SHORTEN THE OTHERWISE APPLICABLE REDEMPTION PERIOD OR CHANGE THE  OTHER-
WISE APPLICABLE INTEREST RATE.
  (E)  UPON  THE  EXPIRATION OF THE REDEMPTION PERIOD PRESCRIBED BY LAW,
THE PURCHASER OF A DELINQUENT TAX LIEN, OR ITS  SUCCESSORS  OR  ASSIGNS,
MAY  FORECLOSE  THE  LIEN  AS  IN  AN  ACTION TO FORECLOSE A MORTGAGE AS
PROVIDED IN SECTION 1194 OF THE REAL PROPERTY TAX LAW. THE PROCEDURE  IN
SUCH  ACTION SHALL BE THE PROCEDURE PRESCRIBED BY ARTICLE 13 OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW FOR THE FORECLOSURE  OF  MORTGAGES.
AT ANY TIME FOLLOWING THE COMMENCEMENT OF AN ACTION TO FORECLOSE A LIEN,
THE AMOUNT REQUIRED TO REDEEM THE LIEN, OR THE AMOUNT RECEIVED UPON SALE
OF  A  PROPERTY, SHALL INCLUDE ATTORNEY'S FEES, COURT COSTS, TITLE FEES,
SERVICE OF PROCESS FEES, AND OTHER DISBURSEMENTS ALLOWED BY A  COURT  OF
COMPETENT  JURISDICTION UPON THE FILING OF SAID COURT WITH PROOF OF SAID
EXPENSES.
  (F) THE PROVISIONS OF TITLE 5 OF ARTICLE 11 OF THE REAL  PROPERTY  TAX
LAW  SHALL  APPLY SO FAR AS IS PRACTICABLE TO A CONTRACT FOR THE SALE OF
TAX LIENS PURSUANT TO THIS ACT.
  S 2. This act shall take effect immediately.