NY State Senate Bill 2015-S3139A

Senate Bill S3139A

Signed By Governor

2015-2016 Legislative Session

Relates to the village of Mastic Beach entering into contracts to sell delinquent tax liens

download bill text pdf

Archive: Last Bill Status Via A6212 - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 25, 2015	signed chap.257
Sep 15, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate home rule request substituted for s3139a
Jun 18, 2015	substituted by a6212a
May 27, 2015	amended on third reading 3139a
May 04, 2015	advanced to third reading
Apr 29, 2015	2nd report cal.
Apr 28, 2015	1st report cal.451
Feb 02, 2015	referred to judiciary

Votes

- Jun 18, 2015 - Floor Vote
  A6212
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Apr 28, 2015 - Judiciary Committee Vote
  S3139A
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 28, 2015
      
      aye (21)
      
      Avella
      
      Bonacic
      
      Comrie
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      LaValle
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Ranzenhofer
      
      Savino
      
      Serino
      
      Stavisky
      
      Venditto
      
      excused (2)
      
      Amedore
      
      Breslin

Bill Amendments

Original

A (Active)

2015-S3139 - Details

See Assembly Version of this Bill:: A6212
Law Section:: Real Property
Versions Introduced in 2013-2014 Legislative Session:: S6525

2015-S3139 - Summary

Relates to the village of Mastic Beach entering into contracts to sell delinquent tax liens.

2015-S3139 - Sponsor Memo

                                BILL NUMBER:S3139

TITLE OF BILL:
An act
to
authorize the village of Mastic Beach
to enter into a contract to sell or
pledge as collateral for a loan some or all of the delinquent liens
held by such city to a private party or engage a private party to
collect some or all of the delinquent tax liens held by it;
and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:

To expand the options available to the village of Mastic Beach to
efficiently and effectively manage the collection of delinquent
property taxes and to increase revenues to the village.

SUMMARY OF SPECIFIC PROVISIONS:

Sections One and Two permit the village of Mastic Beach, under
enumerated circumstances, to enter into a contract to sell some or
all of their delinquent tax liens to a private party and for the
village of Mastic Beach to enter into a contract to collect some or
all of the delinquent tax liens held by such village to a private

party. Provides "consumer protections" for affected property owners,
including a requirement for thirty days notification, assurance that
the existing redemption periods and interest rates remain unchanged,
and imposition of the procedural requirements relating to foreclosure
of a mortgage or tax lien sale by the Municipal Bond Bank Agency.

Section Three is the effective date.

EXISTING LAW:

Any village incorporated after 1993 must request enacting legislation
to enable the sale of delinquent tax liens to private parties.

JUSTIFICATION:

This legislation was introduced at the request of the village of
Mastic Beach. Similar legislation has been enacted for other
municipalities, see Chapter 510 of the Laws of 2013 and S.6247 of
2014. The village of Mastic Beach has accumulated numerous liens and
has decided that it is in their best interest to sell some of their
tax liens to a private party.

PRIOR LEGISLATIVE HISTORY:

S.6525 of 2014: Advanced to Third Reading

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:


This act shall take effect immediately.

2015-S3139 - Bill Text download pdf

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

                                  3139

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to authorize the village of Mastic Beach to enter into a contract
  to sell or pledge as collateral for a loan some or all of  the  delin-
  quent  liens  held by such city to a private party or engage a private
  party to collect some or all of the delinquent tax liens held  by  it;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section 1. Notwithstanding any provision of any  general,  special  or
local  law to the contrary, the village of Mastic Beach may enter into a
contract to sell some or all of the delinquent tax liens held by it to a
private party, subject to the following conditions:
  (a) The consideration to be paid for a  sale  of  the  delinquent  tax
liens  held  by  it  may be more or less than the face amount of the tax
liens sold.
  (b) Property owners shall be given at least 45 days advance notice  of
sale in the same manner as is provided by paragraph (b) of subdivision 1
of  section  1125  of the real property tax law. Failure to provide such
notice shall invalidate any sale of a tax lien or tax liens. Such notice
shall be in the form set forth in paragraph  (b)  of  subdivision  2  of
section 1190 of the real property tax law.
  (c)  The village of Mastic Beach shall set the terms and conditions of
the contract of sale or loan.
  (d) The tax lien purchaser must 30 days prior to the  commencement  of
any  foreclosure action provide to the village of Mastic Beach a list of
liens to be foreclosed. The village of Mastic Beach  may,  at  its  sole
option  and  discretion,  repurchase  a lien or liens on the foreclosure
list from the tax lien purchaser. The  repurchase  price  shall  be  the
amount  of  the  lien  or liens plus any accrued interest and collection

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02436-01-5

S. 3139                             2

fees incurred by the tax lien purchaser through the date of  repurchase.
The tax lien purchaser shall provide the foreclosure list to the village
of  Mastic  Beach,  along  with  the applicable repurchase price of each
lien,  by  certified mail, and the village of Mastic Beach shall have 30
days from receipt to notify the tax lien  purchaser  of  its  option  to
purchase  one  or more of the liens. If the village of Mastic Beach opts
to purchase the lien, it shall provide payment within 30 days of receipt
of the repurchase price of said lien or liens. If the village of  Mastic
Beach  shall fail to repurchase the lien or liens the tax lien purchaser
shall have the right to commence a foreclosure action  immediately  upon
notice from the village of Mastic Beach of its refusal or at the expira-
tion of the 30 day review period whichever occurs first.
  (e)  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.
  (f)  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 reasonable and necessary collection costs,
attorneys' fees, legal costs, allowances, and disbursements.
  (g) 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. Notwithstanding any provision of any general,  special  or  local
law  to  the  contrary,  the  village  of  Mastic Beach may enter into a
contract to pledge as collateral for a loan some or all  of  the  delin-
quent  tax  liens held by it to a third party or engage a third party to
collect some or all of the delinquent tax liens held by  it  subject  to
the following conditions:
  (a)  Any  loan provided under this section shall bear an interest rate
to be determined by the village of Mastic Beach.
  (b) Any contract for the collection of delinquent tax  liens  the  fee
paid  by  the  village  of  Mastic  Beach  shall  not  exceed 10% of the
outstanding balance of the tax lien being collected and said  fee  shall
be borne by the delinquent taxpayer.
  S  3. This act shall take effect immediately and shall expire December
31, 2019 when upon such date the provisions of this act shall be  deemed
repealed.

2015-S3139A (ACTIVE) - Details

See Assembly Version of this Bill:: A6212
Law Section:: Real Property
Versions Introduced in 2013-2014 Legislative Session:: S6525

2015-S3139A (ACTIVE) - Summary

Relates to the village of Mastic Beach entering into contracts to sell delinquent tax liens.

2015-S3139A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3139A

TITLE OF BILL:

An act to authorize the village of Mastic Beach to enter into a
contract to sell or pledge as collateral for a loan some or all of the
delinquent liens held by such city to a private party or engage a
private party to collect some or all of the delinquent tax liens held
by it; and providing for the repeal of such provisions upon expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL:

To expand the options available to the village of Mastic Beach to
efficiently and effectively manage the collection of delinquent
property taxes and to increase revenues to the village.

SUMMARY OF SPECIFIC PROVISIONS:

Sections One and Two permit the village of Mastic Beach, under
enumerated circumstances, to enter into a contract to sell some or all
of their delinquent tax liens to a private party and for the village
of Mastic Beach to enter into a contract to collect some or all of the
delinquent tax liens held by such village to a private party. Provides
"consumer protections" for affected property owners, including a
requirement for thirty days notification, assurance that the existing

redemption periods and interest rates remain unchanged, and imposition
of the procedural requirements relating to foreclosure of a mortgage
or tax lien sale by the Municipal Bond Bank Agency.

Section Three is the effective date.

EXISTING LAW:

Any village incorporated after 1993 must request enacting legislation
to enable the sale of delinquent tax liens to private parties.

JUSTIFICATION:

This legislation was introduced at the request of the village of
Mastic Beach. Similar legislation has been enacted for other
municipalities, see Chapter 510 of the Laws of 2013 and S.6247 of
2014. The village of Mastic Beach has accumulated numerous liens and
has decided that it is in their best interest to sell some of their
tax liens to a private party.

PRIOR LEGISLATIVE HISTORY:

S.6525 of 2014: Advanced to Third Reading

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S3139A (ACTIVE) - Bill Text download pdf

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

                                 3139--A
    Cal. No. 451

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 2, 2015
                               ___________

Introduced  by  Sen.  CROCI  -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN ACT to authorize the village of Mastic Beach to enter into a contract
  to  sell  or pledge as collateral for a loan some or all of the delin-
  quent liens held by such city to a private party or engage  a  private
  party  to  collect some or all of the delinquent tax liens held by it;
  and providing for the repeal of such provisions upon expiration there-
  of

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

  Section  1.  Notwithstanding  any provision of any general, special or
local law to the contrary, the village of Mastic Beach may enter into  a
contract to sell some or all of the delinquent tax liens held by it to a
private party, subject to the following conditions:
  (a)  The  consideration  to  be  paid for a sale of the delinquent tax
liens held by it may be more or less than the face  amount  of  the  tax
liens sold.
  (b)  Property owners shall be given at least 30 days advance notice of
sale in the same form and manner as provided by subdivision 2 of section
1190 of the real property tax law. Failure to provide such notice or the
failure of the addressee to receive the same shall not in any way affect
the validity of any sale of a tax lien or tax liens or the  validity  of
the taxes or interest prescribed by law with respect thereto.
  (c)  The village of Mastic Beach shall set the terms and conditions of
the contract of sale or loan.
  (d) The tax lien purchaser must 30 days prior to the  commencement  of
any  foreclosure action provide to the village of Mastic Beach a list of
liens to be foreclosed. The village of Mastic Beach  may,  at  its  sole

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

                                                           LBD02436-03-5

S. 3139--A                          2

option  and  discretion,  repurchase  a lien or liens on the foreclosure
list from the tax lien purchaser. The  repurchase  price  shall  be  the
amount  of  the  lien  or liens plus any accrued interest and collection
fees  incurred by the tax lien purchaser through the date of repurchase.
The tax lien purchaser shall provide the foreclosure list to the village
of Mastic Beach, along with the  applicable  repurchase  price  of  each
lien,  by  certified mail, and the village of Mastic Beach shall have 30
days from receipt to notify the tax lien  purchaser  of  its  option  to
purchase  one  or more of the liens. If the village of Mastic Beach opts
to purchase the lien, it shall provide payment within 30 days of receipt
of the repurchase price of said lien or liens. If the village of  Mastic
Beach  shall fail to repurchase the lien or liens the tax lien purchaser
shall have the right to commence a foreclosure action  immediately  upon
notice from the village of Mastic Beach of its refusal or at the expira-
tion of the 30 day review period whichever occurs first.
  (e)  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.
  (f)  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 reasonable and necessary collection costs,
attorneys' fees, legal costs, allowances, and disbursements.
  (g) 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. Notwithstanding any provision of any general,  special  or  local
law  to  the  contrary,  the  village  of  Mastic Beach may enter into a
contract to pledge as collateral for a loan some or all  of  the  delin-
quent  tax  liens held by it to a third party or engage a third party to
collect some or all of the delinquent tax liens held by  it  subject  to
the following conditions:
  (a)  Any  loan provided under this section shall bear an interest rate
to be determined by the village of Mastic Beach.
  (b) Any contract for the collection of delinquent tax  liens  the  fee
paid  by  the  village  of  Mastic  Beach  shall  not  exceed 10% of the
outstanding balance of the tax lien being collected and said  fee  shall
be borne by the delinquent taxpayer.
  S  3. This act shall take effect immediately and shall expire December
31, 2019 when upon such date the provisions of this act shall be  deemed
repealed.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.