NY State Senate Bill 2015-S741A

Archive: Last Bill Status - In Senate Committee Local Government 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 20, 2016	print number 741a
Jan 20, 2016	amend and recommit to local government
Jan 06, 2016	referred to local government
Jan 07, 2015	referred to local government

Bill Amendments

Original

A (Active)

2015-S741 - Details

See Assembly Version of this Bill:: A474
Current Committee:: Senate Local Government
Law Section:: Real Property Taxation
Versions Introduced in 2013-2014 Legislative Session:: S6681, A9245

2015-S741 - Summary

Relates to the disposition of surplus funds resulting from a tax lien foreclosure sale in the city of Buffalo; provides that a judgment may be entered, upon request of the tax district, without such district taking title to the property.

2015-S741 - Sponsor Memo

                                 BILL NUMBER:  S741

 TITLE OF BILL :

An act relating to final judgment in foreclosures by in rem
proceedings in the city of Buffalo

 PURPOSE :

To allow the City of Buffalo to obtain the proceeds of the sale of any
property obtained through foreclosure without having to hold the
title, for the benefit of the city's Urban Renewal Agency.

 SUMMARY OF PROVISIONS :

Section 1: exempts the City of Buffalo from Section 1136 of the real
property tax law which relates to the entry of final judgment by a
court in a foreclosure of a tax lien through an in rem proceeding.

Subdivision 2: provides that upon final judgment in its favor, the
City of Buffalo shall receive "the right to convey title" to the
affected parcel(s). Current law grants the City of Buffalo
"possession" of such parcel. Also, existing paragraphs (c) and (d) are
deleted.

Subdivision 3: provides that a judgment may be entered, upon request

of the City of Buffalo, without the City taking title to the property.
New language specifically authorizes the City to sell any property
obtained via judgment if it chooses not to retain such parcel for
public use.

Subdivision 4: sets forth a process by which the City of Buffalo may
sell property without taking title to it via public auction, and which
provides for the proceeds of such sale going to the City of Buffalo's
Urban Renewal Agency for weatherization and community development
projects.

Section 2 specifies that this legislation shall take effect
immediately.

 EXISTING LAW :

Under current law, a city or town can sell properties at auction, but
can only receive the amount of the tax lien. Surplus monies are
deposited with the County Comptroller. If after five years such monies
remain unclaimed, they are turned over to the state.

 JUSTIFICATION :

While much of the City of Buffalo is experiencing a surge of urban
revitalization, many communities are struggling with the effects of
decades of economic distress-population loss, high unemployment and
poverty rates-resulting in an aging housing stock that is increasingly
in disrepair. The City of Buffalo has taken numerous steps to combat
these issues through the creation of emergency home repair and
weatherization programs; however, the need for these types of programs
greatly outmatches the funding.

This legislation will allow the City of Buffalo to retain surplus
funds received from properties sold at local tax foreclosure that are
in excess of the amount of the municipality's tax lien. These monies
will be directed to the city's Urban Renewal Agency, which is
responsible for administering weatherization and home repair programs
as well as community development projects, for the purpose of aiding
responsible homeowners and furthering the mission of BURA.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to any surplus
funds from the proceeds of a tax lien foreclosure paid into court on
or after such effective date.

2015-S741 - Bill Text download pdf

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

                                   741

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT relating to final judgment in foreclosures by in rem  proceedings
  in the city of Buffalo

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

  Section 1.  Final  judgment;  proceedings  in  the  city  of  Buffalo.
Notwithstanding  the provisions of section 1136 of the real property tax
law, the following provisions shall apply to final judgments in  in  rem
proceedings taken in the city of Buffalo.  1. Generally. The court shall
have full power to determine and enforce in all respects the priorities,
rights,  claims and demands of the several parties to the proceeding, as
the same exist according  to  law,  including  the  priorities,  rights,
claims  and  demands of the respondents as between themselves. The court
shall further determine upon proof and shall  make  findings  upon  such
proof whether there has been due compliance by the tax district with the
provisions of article 11 of the real property tax law.
  2.  When  an  answer  has been interposed. (a) When an answer has been
interposed by a party other than a tax district as to any parcel of real
property included in the petition described in section 1123 of the  real
property  tax  law and the court determines that the answer is meritori-
ous, the court shall dismiss the petition of foreclosure, with or  with-
out prejudice, as to the affected parcel or parcels, unless an agreement
is  executed pursuant to subdivision 2 of section 1150 of the real prop-
erty tax law.  If the court determines that the answer is not  meritori-
ous, the court shall make a final judgment awarding to such tax district
the  right to convey title to the affected parcel or parcels in the same
manner as provided by subdivision three of this section.
  (b) When an answer has been interposed by another tax district  as  to
any  parcel  and  the court shall determine that such other tax district
has an interest in such parcel, then and in that event the tax districts
having an interest in such parcel may by  agreement  between  themselves
pursuant  to  subdivision 1 of section 1150 of the real property tax law

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00616-01-5

S. 741                              2

provide (i) for a conveyance without sale of any such parcel to  one  of
such  tax districts free and clear of any right, title or interest in or
lien upon such parcel or such other tax district or  districts  or  (ii)
for  a  conveyance  without  sale of any such  parcel to one of such tax
districts subject to any right, title or interest in or lien  upon  such
parcel  of  such  other  tax  district  or  districts. In either of such
events, the court shall in its judgment expressly dispense with the sale
and direct the making and execution of a  conveyance  by  the  enforcing
officer  in  accordance  with  such agreement. In the absence of such an
agreement, the court shall make a final judgment directing the  sale  of
such  parcel  in the same manner as provided by subdivision four of this
section, except that the conveyance may expressly be made subject to tax
liens of a tax district as provided herein.
  3. When no answer has been interposed. The court shall  make  a  final
judgment  awarding to such tax district the right to convey title to any
parcel of real property described in the  petition  of  foreclosure  not
redeemed  as  provided in article 11 of the real property tax law and as
to which no answer is interposed as provided herein. In addition  there-
to, where the enforcing officer has requested that such a parcel be sold
pursuant to subdivision four of this section without  the  tax  district
taking title thereto, the judgment shall so direct. Otherwise such judg-
ment  shall  contain  a  direction  to  the enforcing officer of the tax
district to prepare, execute and cause to be recorded a  deed  conveying
to  such  tax  district full and complete title to such parcel. Upon the
execution of such deed, the tax district shall be seized of an estate in
fee simple absolute in such parcel and all persons, including the state,
infants, incompetents, absentees and non-residents who may have had  any
right,  title,  interest, claim, lien or equity of redemption in or upon
such parcel shall be barred and forever foreclosed of  all  such  right,
title,  interest,  claim, lien or equity of redemption. The tax district
may sell any parcel so acquired in the manner provided by  section  1166
of  the real property tax law if it does not choose to retain the parcel
for a public use.
  4. Court-ordered sales. Where the enforcing officer  requests  that  a
parcel  be sold without the tax district taking title thereto, the judg-
ment shall direct that a public auction shall be conducted by  or  under
the direction of the enforcing officer. Public notice of such sale shall
be  given once a week for at least three successive weeks in a newspaper
published in the county in which such  tax  district  is  situated.  The
terms and conditions of such sale shall be as prescribed by court order,
provided  that  all proceeds including any surplus, shall be paid to the
enforcing officer for the benefit of the Buffalo urban renewal agency to
support the agency's weatherization and community development  projects.
At  the  conclusion of such sale the enforcing officer shall prepare and
execute a deed conveying to the  purchaser  or  its  designee  full  and
complete  title to such parcel. Upon the delivery and acceptance of such
deed, the grantee shall be seized of an estate in fee simple absolute in
such parcel and all persons, including the state, infants, incompetents,
absentees and non-residents who may have had any right, title, interest,
claim, lien or equity of redemption in or  upon  such  parcel  shall  be
barred and forever foreclosed of all such right, title, interest, claim,
lien or equity of redemption.
  S  2.  This  act  shall take effect immediately and shall apply to any
surplus funds from the proceeds of a tax lien foreclosure  sale  in  the
city of Buffalo paid into court on or after such effective date.

2015-S741A (ACTIVE) - Details

See Assembly Version of this Bill:: A474
Current Committee:: Senate Local Government
Law Section:: Real Property Taxation
Versions Introduced in 2013-2014 Legislative Session:: S6681, A9245

2015-S741A (ACTIVE) - Summary

2015-S741A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S741A

 TITLE OF BILL :  An act relating to final judgment in foreclosures by
in rem proceedings in the city of Buffalo

 PURPOSE :

To allow the City of Buffalo to obtain the proceeds of the sale of any
property obtained through foreclosure without having to hold the
title, for the benefit of the city's Urban Renewal Agency.

 SUMMARY OF PROVISIONS :

Section 1: exempts the City of Buffalo from Section 1136 of the real
property tax law which relates to the entry of final judgment by a
court in a foreclosure of a tax lien through an in rem proceeding.

Subdivision 2: provides that upon final judgment in its favor, the
City of Buffalo shall receive "the right to convey title" to the
affected parcel(s). Current law grants the City of Buffalo
"possession" of such parcel. Also, existing paragraphs (c) and (d) are
deleted.

Subdivision 3: provides that a judgment may be entered, upon request
of the City of Buffalo, without the City taking title to the property.
New language specifically authorizes the City to sell any property

obtained via judgment if it chooses not to retain such parcel for
public use.

Subdivision 4: sets forth a process by which the City of Buffalo may
sell property without taking title to it via public auction, and which
provides for the proceeds of such sale going to the City of Buffalo's
Urban Renewal Agency for weatherization and community development
projects.

Section 2 specifies that this legislation shall take effect
immediately.

 EXISTING LAW :

Under current law, a city or town can sell properties at auction, but
can only receive the amount of the tax lien. Surplus monies are
deposited with the County Comptroller. If after five years such monies
remain unclaimed, they are turned over to the state.

 JUSTIFICATION :

While much of the City of Buffalo is experiencing a surge of urban
revitalization, many communities are struggling with the effects of
decades of economic distress-population loss, high unemployment and
poverty rates-resulting in an aging housing stock that is increasingly
in disrepair. The City of Buffalo has taken numerous steps to combat
these issues through the creation of emergency home repair and
weatherization programs; however, the need for these types of programs
greatly outmatches the funding.

This legislation will allow the City of Buffalo to retain surplus
funds received from properties sold at local tax foreclosure that are
in excess of the amount of the municipality's tax lien. These monies
will be directed to the city's Urban Renewal Agency, which is
responsible for administering weatherization and home repair programs
as well as community development projects, for the purpose of aiding
responsible homeowners and furthering the mission of BURA.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and shall apply to any surplus
funds from the proceeds of a tax lien foreclosure paid into court on
or after such effective date.

2015-S741A (ACTIVE) - Bill Text download pdf

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

                                 741--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government -- recom-
  mitted to the Committee on Local Government in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT relating to final judgment in foreclosures by in rem  proceedings
  in the city of Buffalo

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

  Section 1.  Final  judgment;  proceedings  in  the  city  of  Buffalo.
Notwithstanding  the provisions of section 1136 of the real property tax
law, the following provisions shall apply to final judgments in  in  rem
proceedings taken in the city of Buffalo.  1. Generally. The court shall
have full power to determine and enforce in all respects the priorities,
rights,  claims and demands of the several parties to the proceeding, as
the same exist according  to  law,  including  the  priorities,  rights,
claims  and  demands of the respondents as between themselves. The court
shall further determine upon proof and shall  make  findings  upon  such
proof whether there has been due compliance by the tax district with the
provisions of article 11 of the real property tax law.
  2.  When  an  answer  has been interposed. (a) When an answer has been
interposed by a party other than a tax district as to any parcel of real
property included in the petition described in section 1123 of the  real
property  tax  law and the court determines that the answer is meritori-
ous, the court shall dismiss the petition of foreclosure, with or  with-
out prejudice, as to the affected parcel or parcels, unless an agreement
is  executed pursuant to subdivision 2 of section 1150 of the real prop-
erty tax law.  If the court determines that the answer is not  meritori-
ous, the court shall make a final judgment awarding to such tax district

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00616-03-5

S. 741--A                           2

the  right to convey title to the affected parcel or parcels in the same
manner as provided by subdivision three of this section.
  (b)  When  an answer has been interposed by another tax district as to
any parcel and the court shall determine that such  other  tax  district
has an interest in such parcel, then and in that event the tax districts
having  an  interest  in such parcel may by agreement between themselves
pursuant to subdivision 1 of section 1150 of the real property  tax  law
provide  (i)  for a conveyance without sale of any such parcel to one of
such tax districts free and clear of any right, title or interest in  or
lien  upon  such  parcel or such other tax district or districts or (ii)
for a conveyance without sale of any such   parcel to one  of  such  tax
districts  subject  to any right, title or interest in or lien upon such
parcel of such other tax  district  or  districts.  In  either  of  such
events, the court shall in its judgment expressly dispense with the sale
and  direct  the  making  and execution of a conveyance by the enforcing
officer in accordance with such agreement. In the  absence  of  such  an
agreement,  the  court shall make a final judgment directing the sale of
such parcel in the same manner as provided by subdivision four  of  this
section, except that the conveyance may expressly be made subject to tax
liens of a tax district as provided herein.
  3.  When  no  answer has been interposed. The court shall make a final
judgment awarding to such tax district the right to convey title to  any
parcel  of  real  property  described in the petition of foreclosure not
redeemed as provided in article 11 of the real property tax law  and  as
to which no answer is interposed as provided herein. In addition  there-
to, where the enforcing officer has requested that such a parcel be sold
pursuant  to  subdivision  four of this section without the tax district
taking title thereto, the judgment shall so direct. Otherwise such judg-
ment shall contain a direction to  the  enforcing  officer  of  the  tax
district  to  prepare, execute and cause to be recorded a deed conveying
to such tax district full and complete title to such  parcel.  Upon  the
execution of such deed, the tax district shall be seized of an estate in
fee simple absolute in such parcel and all persons, including the state,
infants,  incompetents, absentees and non-residents who may have had any
right, title, interest, claim, lien or equity of redemption in  or  upon
such  parcel  shall  be barred and forever foreclosed of all such right,
title, interest, claim, lien or equity of redemption. The  tax  district
may  sell  any parcel so acquired in the manner provided by section 1166
of the real property tax law if it does not choose to retain the  parcel
for a public use.
  4.  Court-ordered  sales.  Where the enforcing officer requests that a
parcel be sold without the tax district taking title thereto, the  judg-
ment  shall  direct that a public auction shall be conducted by or under
the direction of the enforcing officer. Public notice of such sale shall
be given once a week for at least three successive weeks in a  newspaper
published  in  the  county  in  which such tax district is situated. The
terms and conditions of such sale shall be as prescribed by court order,
provided that all proceeds including any surplus, shall be paid  to  the
county comptroller pursuant to subdivision five of this section.  At the
conclusion  of such sale the enforcing officer shall prepare and execute
a deed conveying to the purchaser or  its  designee  full  and  complete
title to such parcel. Upon the delivery and acceptance of such deed, the
grantee  shall  be  seized  of  an estate in fee simple absolute in such
parcel and all persons,  including  the  state,  infants,  incompetents,
absentees and non-residents who may have had any right, title, interest,
claim,  lien  or  equity  of  redemption in or upon such parcel shall be

S. 741--A                           3

barred and forever foreclosed of all such right, title, interest, claim,
lien or equity of redemption.
  5.  Notification  of surplus. Upon confirmation of a surplus resulting
from a sale of the foreclosed property under subdivision  four  of  this
section,  the  city  of Buffalo shall attempt to notify the owner of the
property or his or her heirs, successors, or  assigns,  at  least  three
times within two consecutive calendar years from the date of the sale of
the property.  Five years after the date of such foreclosure, any moneys
remaining  with  the  comptroller  shall  be  paid  to the Buffalo urban
renewal agency to support  the  agency's  weatherization  and  community
development projects.  Provided, however, if the occupant of a property,
at  the  time  of  the  foreclosure sale, is the owner-occupant and such
occupant uses the property as their primary residence, any surplus  from
a  sale of such property shall remain with the comptroller until claimed
by a rightful owner. Any individual owner, their  heirs,  successors  or
assigns of an owner occupied foreclosed property may collect the surplus
from  such  foreclosure at any time from the county comptroller or state
comptroller.
  S 2. This act shall take effect immediately and  shall  apply  to  any
surplus  funds  from  the proceeds of a tax lien foreclosure sale in the
city of Buffalo paid into court on or after such effective date.

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Senate Bill S741A

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2015-S741 - Details

2015-S741 - Summary

2015-S741 - Sponsor Memo

2015-S741 - Bill Text download pdf

2015-S741A (ACTIVE) - Details

2015-S741A (ACTIVE) - Summary

2015-S741A (ACTIVE) - Sponsor Memo

2015-S741A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S741A

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

Bill Amendments

2015-S741 - Details

2015-S741 - Summary

2015-S741 - Sponsor Memo

2015-S741 - Bill Text download pdf

2015-S741A (ACTIVE) - Details

2015-S741A (ACTIVE) - Summary

2015-S741A (ACTIVE) - Sponsor Memo

2015-S741A (ACTIVE) - Bill Text download pdf

Comments