NY State Senate Bill 2011-S3163

Senate Bill S3163

2011-2012 Legislative Session

Releases Yeshivas Novominsk from all New York city department of health and mental hygiene charges assessed against real property located in the borough of Brooklyn

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2011	referred to judiciary

2011-S3163 (ACTIVE) - Details

See Assembly Version of this Bill:: A4983
Current Committee:: Senate Judiciary
Law Section:: Real Property
Versions Introduced in 2009-2010 Legislative Session:: S5493, A3487

2011-S3163 (ACTIVE) - Summary

Releases Yeshivas Novominsk from all New York city department of health charges assessed against real property located in the borough of Brooklyn.

2011-S3163 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3163

TITLE OF BILL:
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

PURPOSE:
The purpose of the bill is to release Yeshivas Novominsk from charges
assessed against it by the New York City Department of Health.

SUMMARY OF PROVISIONS:
Section 1 of the bill explains the justification for the bill.
Section 2 of the bill authorizes the city of New York to release
Yeshivas Novominsk from the Department of Health charges.

JUSTIFICATION:
As the findings section of the bill makes clear, Yeshivas Novominsk, a
non-profit institution dedicated to providing religious and secular
instruction to students, acquired title to its premises in October of
1999. The former owner of said property, Yeshiva Tifereth Elimelech,
had New York City Department of Health 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 Tifereth

Elimelech vigorously protested those charges and further presented
detailed evidence to the City that they were not given ample time to
conduct their own cleanup work, that the Department of Health's
repeated inspections and pest exterminations were unnecessary, and
the like. Despite Yeshiva Tifereth Elimelech's ongoing legal efforts
to have the charges reduced or eliminated, the City continued to
assess the charges and also charged interest on the disputed amounts.
For a variety of reasons 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 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 also did work at the property shortly after Yeshivas Novominsk
took possession without any notice to the new owner. As a matter of
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.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
No fiscal implications for the state.

EFFECTIVE DATE:
Immediate.

2011-S3163 (ACTIVE) - Bill Text download pdf

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

    S. 3163                                                  A. 4983

                       2011-2012 Regular Sessions

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

                            February 10, 2011
                               ___________

IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once  and  referred
  to the Committee on Corporations, Authorities and Commissions

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06398-01-1

S. 3163                             2                            A. 4983

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
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.

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