S T A T E O F N E W Y O R K
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S. 7770 A. 10143
S E N A T E - A S S E M B L Y
May 12, 2016
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Local Govern-
ment
IN ASSEMBLY -- Introduced by M. of A. ENGLEBRIGHT -- read once and
referred to the Committee on Local Governments
AN ACT to amend the Suffolk county tax act, in relation to sales of
certain property made to the Suffolk County Landbank Corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 45 of chapter 311 of the laws of 1920 constituting
the Suffolk county tax act, as amended by chapter 847 of the laws of
1984, is amended to read as follows:
S 45. Sale of property for unpaid taxes. If the owner, mortgagee or
occupant of or party in interest in such real estate does not pay such
tax or assessment, with the costs, additions and charges, within the
period stated in such advertisement, then the county treasurer shall,
without further notice, commence the sale of lands specified in such
notice of sale on the day set for that purpose and continue the sale
from day to day until every such lot or parcel is sold. [Such] EXCEPT
FOR SALES TO THE SUFFOLK COUNTY LANDBANK CORPORATION AS PROVIDED IN
SUBDIVISION (F) OF SECTION SIXTEEN HUNDRED EIGHT AND/OR SUBDIVISION (A)
OF SECTION SIXTEEN HUNDRED SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION
LAW, SUCH lands shall be sold for an amount sufficient to pay all the
taxes and assessments due thereon for the years for the taxes of which
said sale shall be made with interest thereon to the time of sale, and
all costs, expenses and charges accrued thereon and, subject to
reductions as herein provided, said amount paid for such property shall
carry and bear the maximum interest and penalties as follows: six per
centum on the purchase price, if redeemed within six months of date of
sale. An additional six per centum on the purchase price if redeemed
after the expiration of six months and within twelve months of the date
of sale. An additional six per centum on the purchase price if redeemed
after the expiration of twelve months and within a period of eighteen
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15113-01-6
S. 7770 2 A. 10143
months of date of sale. An additional six per centum on the purchase
price if redeemed after the expiration of eighteen months and within a
period of twenty-four months of date of sale. An additional six per
centum on the purchase price if redeemed after the expiration of twen-
ty-four months and within a period of thirty months of date of sale. An
additional six per centum on the purchase price if redeemed after the
expiration of thirty months and within thirty-six months of date of
sale. The rate of interest at which any person or persons shall offer to
take the lot or parcel of land to be sold shall be established by his
bid. The rate thus established shall be the rate of interest for every
period of six months or fraction thereof up to the time of the redemp-
tion of the property purchased until the expiration of three years, plus
all taxes paid by the purchaser with interest thereon at six per centum
per annum to the date of payment. At such sale, rates of interest shall
be bid in multiples of one per centum or a flat bid of no interest what-
soever and parcels shall be sold and bid upon separately. If more than
one person bids the same rate of interest, the county treasurer or
person conducting such sale shall sell the parcel to whichever of such
bidders as he in his sole discretion shall determine. In any case,
however, and as to any parcel, the county may reject any and all bids
and bid in and purchase the same for the county at a rate of interest as
shall be established by resolution of the county legislature, but not to
exceed the maximum rate of interest as herein provided in which event
the bid of the county shall be preferred over all other bids. The county
shall likewise be deemed the purchaser at the rate of interest as herein
provided for of all parcels which are not sold at sale. The county
legislature may by resolution exclude from such sale such parcels as it
determines where the county has entered into any agreement concerning
the disposition of tax liens thereon with a tax district or other person
pursuant to section one hundred sixty-six-a of the tax law or other
provisions of law. The foregoing rates of interest shall be applied
whenever those rates are greater than the rates of interest as estab-
lished in section thirteen-c of this tax act.
S 2. Section 46 of chapter 311 of the laws of 1920 constituting the
Suffolk county tax act, as amended by chapter 502 of the laws of 1977,
is amended to read as follows:
S 46. The county of Suffolk may purchase property at tax sale. The
county of Suffolk is empowered to purchase lots or parcels of land at
such tax sale, and is further empowered to accept deeds and to foreclose
the certificates of sale and perform all other acts to perfect the title
of real estate thus acquired. The county treasurer shall annually
furnish the county legislature with a report of real estate acquired by
the county at such sales, which remains unredeemed and to which the
county is entitled to a deed or upon which foreclosure proceedings may
be commenced. The county attorney shall conduct all foreclosure
proceedings and perform all legal work necessary on behalf of the county
under the supervision of the county legislature. Land thus acquired by
the county may be released or sold upon terms prescribed by resolution
of the county legislature by the county treasurer in the name of the
county, and with respect to the sale of surplus real property such terms
may include purchase money mortgages, installment contract sales or any
other means of selling and financing. The county legislature may set
aside parcels of land thus acquired in various parts of the county and
hold the same for county purposes.
The county may, by resolution of the county legislature, transfer and
assign any certificates of sales held by the county upon payment to the
S. 7770 3 A. 10143
county of the amount of its bid with interest thereon to the date of
such assignment or transfer OR LESS THAN SUCH AMOUNT IF SOLD TO THE
SUFFOLK COUNTY LANDBANK CORPORATION PURSUANT TO SUBDIVISION (F) OF
SECTION SIXTEEN HUNDRED EIGHT AND/OR SUBDIVISION (A) OF SECTION SIXTEEN
HUNDRED SIXTEEN OF THE NOT-FOR-PROFIT CORPORATION LAW.
S 3. This act shall take effect immediately.
