senate Bill S333

Signed By Governor
2011-2012 Legislative Session

Authorizes 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

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.452
Aug 05, 2011 delivered to governor
Jun 17, 2011 returned to senate
passed assembly
home rule request
ordered to third reading rules cal.435
substituted for a7007
referred to ways and means
delivered to assembly
passed senate
home rule request
Jun 16, 2011 ordered to third reading cal.1314
committee discharged and committed to rules
Apr 05, 2011 reported and committed to finance
Feb 22, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to cities

Votes

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S333 - Bill Details

See Assembly Version of this Bill:
A7007
Law Section:
Bronx County
Versions Introduced in 2009-2010 Legislative Session:
S8139, A11402

S333 - Bill Texts

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Authorizes 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 notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired.

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BILL NUMBER:S333

TITLE OF BILL:
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, 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.
2285, Lot No. 73 on tax map for the borough of Bronx

PURPOSE OR GENERAL IDEA OF BILL:
To permit St. Peter's Lutheran Church to re-acquire title to premises
located at 431 East 140th Street, The Bronx, designated as lot number
73 in block number 2285.

SUMMARY OF PROVISIONS:
Section 1. Findings. States that 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 property thus acquired
if an application for such a release is filed with the city's
department of general services within two years of the date on which
the city's deed is recorded. If such period has elapsed, state
legislation is necessary for reconveyance. Such release may be made
upon approval of the city of New York, subject to the former owner
meeting conditions set forth by the City of New York.

Section 2. Authorizes the City of New York to release its interest and
reconvey the real property designated as tax block 2285, lot 73 for
the Borough of the Bronx, to St. Peter's Lutheran Church.

Section 3. Provides that 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. Specifies that certain conditions must be met.

Section 4. Refers to Section 11-424, subdivision a, paragraph 2 of the
Administrative Code of the City of New York: Application to the city
for release of property acquired by in rem tax foreclosure.

Section 5. Effective Date.

JUSTIFICATION:

In 1981, through Bronx in rem tax foreclosure action the City of New
York acquired title to premises designated as lot No. 73 in tax block
2285, based on non-payment of taxes due to non-payment of real
estate taxes. This bill will allow such property to be returned to
the owner provided specific conditions are met.

LEGISLATIVE HISTORY:
2010: S.8139 - Referred to Cities/A.111402 - Referred to Cities

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

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

                                   333

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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 2011 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04177-01-1

S. 333                              2

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
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 2011 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.

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