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Assembly Bill A11258

2017-2018 Legislative Session

Relates to notifying homeowners whose property netted a surplus at a tax foreclosure auction

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Archive: Last Bill Status - In Assembly Committee

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2017-A11258 (ACTIVE) - Details

See Senate Version of this Bill:
S6260
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L
Versions Introduced in 2015-2016 Legislative Session:
A10523

2017-A11258 (ACTIVE) - Summary

Relates to notifying homeowners whose property netted a surplus at a tax foreclosure auction.

2017-A11258 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11258
 
                           I N  A S S E M B L Y
 
                               July 25, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Bohen) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to notifying homeowners whose property netted a surplus at a
   tax foreclosure auction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1303 of the real property actions and proceedings
 law is amended by adding a new subdivision 8 to read as follows:
   8. (A) A MUNICIPALITY SHALL NOTIFY A PROPERTY OWNER WHEN  THE  OWNER'S
 PROPERTY  NETTED A SURPLUS AT A TAX FORECLOSURE AUCTION THAT WAS HELD ON
 OR AFTER JANUARY FIRST, TWO THOUSAND NINE. THE NOTIFICATION SHALL  STATE
 THE  POSSIBLE  EXISTENCE  OF  A  SURPLUS,  HOW TO OBTAIN THE SURPLUS AND
 CONTACT INFORMATION FOR FREE LEGAL SERVICES IF AVAILABLE AND  THE  STEPS
 THE  HOMEOWNER MUST TAKE TO OBTAIN THE SURPLUS. IN THIS SECTION, SURPLUS
 SHALL MEAN THE AMOUNT THAT IS LEFT AFTER THE PROPERTY HAS BEEN AUCTIONED
 AND ALL OUTSTANDING TAXES, ISSUES PAYMENTS FOR COUNTY  TAX  AND  UTILITY
 LIENS AND ADMINISTRATIVE AND OTHER FEES HAVE BEEN PAID.
   (B)  MUNICIPALITIES  SHALL MAKE A REASONABLE EFFORT TO NOTIFY PROPERTY
 OWNERS BY THE USE OF MAIL, TELEPHONE OR ELECTRONIC MAIL WITHIN A REASON-
 ABLE TIME OF THE TAX FORECLOSURE AUCTION.
   (C) MUNICIPALITIES MAY CHARGE PROPERTY  OWNERS  A  REASONABLE  FEE  TO
 COVER  THE  NOTIFICATION EXPENSES. MUNICIPALITIES SHALL NOT CHARGE A FEE
 OF MORE THAN FIVE PERCENT OF THE TOTAL SURPLUS IN CASES WHERE A HOMEOWN-
 ER NETS A SURPLUS IN EXCESS OF ONE THOUSAND DOLLARS.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09343-01-7

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