Assembly Bill A1425

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

    S. 1478                                                  A. 1425

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             January 7, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Cities

IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- 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 former owner Chester  Wilkins,  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.  1651, Lot No. 52 on 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. On April 17, 1979, through a Brooklyn in rem tax
foreclosure action, the city of New  York  acquired  title  to  premises
designated  as  lot  52  in tax block 1651, also known as 697A Jefferson
Avenue, in the borough of Brooklyn, based on non-payment of taxes due to
inadvertence by Chester Wilkins, 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 property 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 sealed bids

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00256-01-1
              

S. 1478                             2                            A. 1425

(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 1651, lot 52, on the tax map of the city for the borough of Brook-
lyn as said map was on April 17, 1979, to Chester  Wilkins,  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.