NY State Assembly Bill 2017-A1475B

Assembly Bill A1475B

2017-2018 Legislative Session

Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy

download bill text pdf

Archive: Last Bill Status - In Assembly 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
Jun 20, 2018	reported referred to rules
Jun 19, 2018	reported referred to ways and means
Jun 18, 2018	reported referred to codes
Jun 16, 2018	print number 1475b
Jun 16, 2018	amend (t) and recommit to real property taxation
Jun 12, 2018	print number 1475a
Jun 12, 2018	amend (t) and recommit to real property taxation
Jan 03, 2018	referred to real property taxation
Jan 12, 2017	referred to real property taxation

Bill Amendments

Original

B (Active)

co-Sponsors

2017-A1475 - Details

See Senate Version of this Bill:: S1773
Current Committee:: Assembly Rules
Law Section:: Real Property Tax Law
Laws Affected:: Add §903, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8103, S5424
2019-2020: A3800, S3478
2021-2022: A1284, S5010
2023-2024: A3097, S4713

2017-A1475 - Summary

Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law.

2017-A1475 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1475
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Real Property Taxation
 
 AN ACT to amend the real property tax law, in  relation  to  authorizing
   municipalities  to  add unpaid housing code violation penalties, costs
   and fines to the municipality's annual tax levy

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 901 to read as follows:
   § 901. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
 NOTWITHSTANDING ANY OTHER PROVISIONS OF ANY GENERAL, SPECIAL,  OR  LOCAL
 LAW,  CODE  OR CHARTER, A MUNICIPALITY, EXCEPT THOSE HAVING A POPULATION
 OF ONE MILLION OR MORE, MAY COLLECT ANY UNPAID  HOUSING  CODE  VIOLATION
 PENALTIES,  COSTS AND FINES THROUGH PLACEMENT BY THE OFFICIAL AUTHORIZED
 TO ADMINISTER A MUNICIPALITY'S ANNUAL TAX LEVY.
   2. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON  A  MUNICIPALITY'S  ANNUAL
 TAX  LEVY  SUCH UNPAID HOUSING CODE VIOLATION PENALTIES, COSTS AND FINES
 SHALL HAVE BEEN ADJUDICATED AND IMPOSED THROUGH A JUDGMENT IN A COURT OF
 COMPETENT JURISDICTION ON AN OWNER OF REAL PROPERTY WITHIN  THE  MUNICI-
 PALITY  AND HAVE REMAINED UNPAID FOR ONE YEAR PRECEDING THE PLACEMENT ON
 THE MUNICIPALITY'S TAX LEVY.
   3. SUCH HOUSING CODE VIOLATION PENALTY, COST OR FINE SHALL BE SET DOWN
 IN THE ANNUAL TAX LEVY UNDER THE HEADING UNCOLLECTED FINES AND PENALTIES
 AND SHALL BE LEVIED, ENFORCED AND COLLECTED IN THE SAME MANNER,  BY  THE
 SAME  PROCEEDINGS, AT THE SAME TIME, UNDER THE SAME PENALTIES AND HAVING
 THE SAME LIEN UPON THE PROPERTY ASSESSED AS THE  GENERAL  MUNICIPAL  TAX
 AND AS A PART THEREOF.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01991-01-7

co-Sponsors

2017-A1475A - Details

See Senate Version of this Bill:: S1773
Current Committee:: Assembly Rules
Law Section:: Real Property Tax Law
Laws Affected:: Add §903, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8103, S5424
2019-2020: A3800, S3478
2021-2022: A1284, S5010
2023-2024: A3097, S4713

2017-A1475A - Summary

Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law.

2017-A1475A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1475--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, SKOUFIS -- read once and referred to
   the Committee on Real Property Taxation -- recommitted to the  Commit-
   tee on Real Property Taxation in accordance with Assembly Rule 3, sec.
   2  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the real property tax law, in  relation  to  authorizing
   the  inclusion  in  the  tax  levy of certain fines imposed by munici-
   palities in the county of Rockland
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 903 to read as follows:
   § 903. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES  IMPOSED
 BY  MUNICIPALITIES  IN  THE  COUNTY  OF ROCKLAND. 1. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, MUNICIPALITIES IN THE COUNTY OF  ROCK-
 LAND,  ACTING  BY  AND  THROUGH  THEIR GOVERNING BODIES, MAY ENACT LOCAL
 LAWS, ORDINANCES OR RESOLUTIONS PROVIDING THAT FINALLY ADJUDICATED FINES
 IMPOSED UPON REAL PROPERTY, OTHER THAN A PROPERTY SERVING AS THE PRIMARY
 RESIDENCE OF ONE OR MORE OF THE OWNERS THEREOF, FOR  BUILDING  CODE  AND
 FIRE  CODE  VIOLATIONS SHALL BE DEEMED TO BE DELINQUENT TAXES IN ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.  NO  SUCH  LAW,  ORDINANCE  OR
 RESOLUTION SHALL BE DEEMED TO TAKE EFFECT UNTIL IT SHALL HAVE BEEN FILED
 WITH  THE  CLERK OF THE MUNICIPALITIES IN THE COUNTY OF ROCKLAND AND THE
 APPROPRIATE COLLECTING OFFICER.
   2. SUCH LOCAL LAWS,  ORDINANCES  AND  RESOLUTIONS  SHALL  ESTABLISH  A
 PROCEDURE  FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER-
 LYING  CIRCUMSTANCES  RELATING  TO  THE  BUILDING  CODE  OR  FIRE   CODE
 VIOLATION,  AND  THE  FINE  TO BE IMPOSED IF THE COURT FINDS THAT SUCH A
 VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY OWNER WHO  AFTER  BEING
 ADJUDGED  TO  HAVE  COMMITTED A VIOLATION SHALL HAVE THE RIGHT TO APPEAL
 SUCH JUDGMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01991-02-8

 A. 1475--A                          2
 
   3. SUCH LOCAL LAWS, ORDINANCES OR RESOLUTIONS ENACTED PURSUANT TO THIS
 SECTION SHALL  PROVIDE  THAT  EACH  AFFECTED  PROPERTY  OWNER  SHALL  BE
 PROVIDED,  BY  MUNICIPALITIES  IN  THE COUNTY OF ROCKLAND, WITH NOT LESS
 THAN TEN DAYS WRITTEN NOTICE PRIOR TO THE OCCURRENCE OF  ANY  ACTION  BY
 THE  MUNICIPAL  CORPORATION  PURSUANT TO THE PROVISIONS OF THIS SECTION.
 EVERY SUCH NOTICE SHALL INFORM THE REAL PROPERTY OWNER THAT A REAL PROP-
 ERTY TAX LIEN MAY BE IMPOSED IF THE FINE REMAINS UNPAID.
   4. MUNICIPALITIES IN THE COUNTY OF ROCKLAND MAY,  NOT  LESS  THAN  ONE
 YEAR AFTER THE FINAL ADJUDICATION AND EXHAUSTION OF ALL APPEALS RELATING
 TO  THE IMPOSITION OF A FINE FOR A BUILDING CODE OR FIRE CODE VIOLATION,
 DECLARE SUCH FINE AND ANY EXPENSES INCURRED IN ADJUDICATING SUCH FINE TO
 BE UNPAID REAL PROPERTY TAXES ON THE SUBJECT PROPERTY, AND INCLUDE  SUCH
 FINE  ON  THE TAX ROLL OF UNPAID TAXES DELIVERED TO THE COLLECTING OFFI-
 CER.
   § 2. Section 936 of the real property tax law, as amended  by  chapter
 237  of the laws of 1995, subdivision 1 as amended by chapter 355 of the
 laws of 1997, is amended to read as follows:
   § 936. Return of unpaid delinquent taxes.  1. Upon the  expiration  of
 his  OR  HER  warrant, each collecting officer shall make and deliver to
 the county treasurer an account, subscribed and affirmed by him  OR  HER
 as  true  under the penalties of perjury, of all taxes listed on the tax
 roll which remain unpaid INCLUDING ANY FINES DEEMED TO BE  UNPAID  TAXES
 PURSUANT TO SECTION NINE HUNDRED THREE OF THIS ARTICLE, except that such
 collecting  officer  shall not include in such account the amount of the
 installments of taxes returned unpaid pursuant to [section nine  hundred
 twenty-eight-b  or]  subdivision one of section nine hundred seventy-six
 of this [chapter] ARTICLE. The county treasurer shall, if satisfied that
 such account is correct, credit him  with  the  amount  of  such  unpaid
 delinquent  taxes. Such return shall be endorsed upon or attached to the
 tax roll.
   2. In making the return of unpaid taxes AND FINES DEEMED TO BE  UNPAID
 TAXES, the collecting officer shall add five per centum to the amount of
 each tax as levied. In the event that the collecting officer fails to do
 so,  the county treasurer shall make such addition. In a county in which
 there is a local law in effect pursuant to [section nine  hundred  twen-
 ty-eight-b  or] section nine hundred seventy-two of this [chapter] ARTI-
 CLE providing for the collection of taxes in installments, the five  per
 centum  provided  by  this  subdivision  shall not be added to the taxes
 which a real property owner has elected to pay in installments  pursuant
 to  [section nine hundred twenty-eight-b or] section nine hundred seven-
 ty-five of this [chapter] ARTICLE. Such five per centum shall  be  added
 by  the  county  treasurer  to  the  amount  of such taxes as shall have
 remained unpaid after the date upon which the last installment  was  due
 as provided in such local law. The amount of such added per centum shall
 thereafter be deemed part of the amount of the unpaid tax.
   §  3.  Subdivision  2 of section 1102 of the real property tax law, as
 amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2.  "Delinquent tax" means an unpaid tax, UNPAID FINES THAT ARE DEEMED
 TO BE UNPAID TAXES PURSUANT TO SECTION NINE HUNDRED THREE OF THIS  CHAP-
 TER, special ad valorem levy, special assessment or other charge imposed
 upon real property by or on behalf of a municipal corporation or special
 district,  plus  all applicable charges, relating to any parcel which is
 included in the return of unpaid delinquent taxes prepared  pursuant  to
 section  nine  hundred thirty-six of this chapter or such other general,
 special, or local law as may be applicable. In no event, however,  shall

 A. 1475--A                          3
 
 "delinquent  tax"  include  any unpaid tax or other charge against lands
 owned by the state.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-A1475B (ACTIVE) - Details

See Senate Version of this Bill:: S1773
Current Committee:: Assembly Rules
Law Section:: Real Property Tax Law
Laws Affected:: Add §903, RPT L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A8103, S5424
2019-2020: A3800, S3478
2021-2022: A1284, S5010
2023-2024: A3097, S4713

2017-A1475B (ACTIVE) - Summary

Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law.

2017-A1475B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1475--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M. of A. ZEBROWSKI, SKOUFIS -- read once and referred to
   the Committee on Real Property Taxation -- recommitted to the  Commit-
   tee on Real Property Taxation in accordance with Assembly Rule 3, sec.
   2  -- committee discharged, bill amended, ordered reprinted as amended
   and recommitted to said committee -- again reported from said  commit-
   tee  with  amendments, ordered reprinted as amended and recommitted to
   said committee
 
 AN ACT to amend the real property tax law, in  relation  to  authorizing
   certain municipalities to add unpaid housing code violation penalties,
   costs  and fines to such municipalities' annual tax levy in accordance
   with applicable law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real  property  tax  law  is amended by adding a new
 section 903 to read as follows:
   § 903. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
 AUTHORIZATION. IN ADDITION TO AND NOT IN LIMITATION OF ANY POWER  OTHER-
 WISE GRANTED BY LAW, MUNICIPALITIES IN THE COUNTY OF ROCKLAND, INCLUDING
 THE  COUNTY  OF  ROCKLAND,  ARE  HEREBY AUTHORIZED TO COLLECT ANY UNPAID
 HOUSING, BUILDING AND FIRE CODE VIOLATION  PENALTIES,  COSTS  AND  FINES
 THROUGH  PLACEMENT BY THE MUNICIPALITY'S COMMISSIONER OF FINANCE, TREAS-
 URER, OR OTHER PUBLIC OFFICIAL CHARGED WITH THE DUTIES OF OVERSEEING TAX
 COLLECTIONS ON THE MUNICIPALITY'S ANNUAL TAX LEVY IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.
   2. ELIGIBILITY. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON  THE  MUNICI-
 PALITY'S ANNUAL TAX LEVY SUCH UNPAID CODE VIOLATION PENALTIES, COSTS AND
 FINES  SHALL  HAVE  BEEN ADJUDICATED AND IMPOSED THROUGH A JUDGMENT IN A
 COURT OF COMPETENT JURISDICTION ON AN OWNER OF REAL PROPERTY WITHIN  THE
 MUNICIPALITY  AND  RECORDED  BY  THE  COUNTY  CLERK, AS CERTIFIED BY THE
 MUNICIPAL COUNSEL TO THE COMMISSIONER OF  FINANCE,  TREASURER  OR  OTHER
 PUBLIC  OFFICIAL  CHARGED  WITH THE DUTIES OF OVERSEEING TAX COLLECTIONS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01991-06-8

 A. 1475--B                          2
 
 AND HAVE REMAINED UNPAID FOR ONE YEAR AFTER THE FINAL  ADJUDICATION  AND
 EXHAUSTION  OF ALL APPEALS RELATING TO THE IMPOSITION OF THE FINES FOR A
 CODE VIOLATION PRECEDING THE PLACEMENT ON THE MUNICIPALITY'S TAX LEVY.
   3.  MINIMUM  AMOUNT OWED. TO QUALIFY FOR PLACEMENT ON THE TAX LEVY THE
 AMOUNT OWED FOR UNPAID CODE VIOLATIONS MUST BE AT LEAST FIVE PERCENT  OF
 THE AMOUNT OF THE TAX ASSESSED VALUE OF THE PROPERTY.
   4.  LEVY.  SUCH CODE VIOLATION PENALTY, COST OR FINE AS SET FORTH IN A
 COPY OF THE JUDGMENT CERTIFIED BY THE MUNICIPAL COUNSEL TO  THE  COMMIS-
 SIONER  OF  FINANCE, TREASURER OR OTHER PUBLIC OFFICIAL CHARGED WITH THE
 DUTIES OF OVERSEEING TAX COLLECTIONS SHALL BE SET DOWN IN THE ANNUAL TAX
 LEVY UNDER THE HEADING UNCOLLECTED FINES AND PENALTIES AND IN  ACCORDING
 WITH  THIS  SECTION  SHALL BE LEVIED, ENFORCED AND COLLECTED IN THE SAME
 MANNER, BY THE SAME PROCEEDINGS, AT THE SAME TIME, UNDER THE SAME PENAL-
 TIES AND HAVING THE SAME LIEN UPON THE PROPERTY ASSESSED AS THE  GENERAL
 MUNICIPAL TAX AND AS A PART THEREOF.
   5.  NOTICE.  THE  MUNICIPALITY SHALL NOTIFY ALL OWNERS OR KNOWN INTER-
 ESTED PARTIES OF RECORD OF THE PLACEMENT OF THE CODE VIOLATIONS  ON  THE
 MUNICIPAL TAX LEVY AS UNCOLLECTED FINES AND PENALTIES WITHIN THIRTY DAYS
 OF PLACEMENT, PURSUANT TO SECTION THREE HUNDRED EIGHT OF THE CIVIL PRAC-
 TICE  LAW  AND RULES. THE NOTICE SHALL INCLUDE THE DATE OR DATES OF SUCH
 VIOLATIONS, THE DESCRIPTION OF THE VIOLATIONS, THE AMOUNT OWED, A STATE-
 MENT DETAILING THE FORECLOSURE PROCESS THAT WILL OCCUR IF THE VIOLATIONS
 REMAIN UNPAID, THE PROCESS TO CLAIM ANY SURPLUS FUNDS  AND  THE  CONTACT
 INFORMATION FOR THE MUNICIPAL OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID CODE VIOLATIONS SHALL BE PLACED ON THE TAX
 ROLL THE MUNICIPALITY IS CURRENTLY IN AND SHALL NOT BE PLACED ON A LIST,
 ROLL OR LEVY OF DELINQUENT TAXES.
   7. OWNER OCCUPIED. NOTWITHSTANDING ANY OTHER APPLICABLE PROVISIONS  OF
 LAW,  NOTHING IN THIS SECTION SHALL BE APPLIED TO A RESIDENTIAL DWELLING
 THAT IS OWNER-OCCUPIED OR IS THE PRIMARY RESIDENCE OF A HOMEOWNER.
   8. TENANTS. PRIOR TO THE PLACEMENT OF ANY PROPERTY  WITH  UNPAID  CODE
 VIOLATIONS  ON THE TAX LEVY, THE MUNICIPALITY SHALL DEVELOP A PROGRAM TO
 ASSIST TENANTS RESIDING IN A DWELLING AT RISK FOR TAX FORECLOSURE DUE TO
 UNPAID CODE VIOLATIONS. SUCH PROGRAM SHALL  INCLUDE  HOUSING  COUNSELING
 ASSISTANCE  OR OTHER SUPPORT IN RELOCATING THE TENANTS TO SUITABLE HOUS-
 ING PRIOR TO THE TAX FORECLOSURE.
   9. PAYMENT PLAN.  NOTHING IN THIS SECTION SHALL PRECLUDE AN  OWNER  OR
 LANDLORD  FROM ENTERING INTO A PAYMENT PLAN WITH A MUNICIPALITY FOR PAST
 AMOUNTS DUE FOR CODE VIOLATIONS.
   10. CURING CODE VIOLATIONS. (A) IF ALL OF THE VIOLATIONS FOR WHICH THE
 PENALTIES, FEES AND COSTS HAVE  BEEN  ASSESSED  ARE  CURED,  REMOVED  OR
 CORRECTED  PRIOR TO THE EXPIRATION OF THE PERIOD FOR REDEMPTION PURSUANT
 TO SECTION ELEVEN HUNDRED TEN OF THIS CHAPTER,  THE  PROPERTY  SHALL  BE
 REMOVED  FROM  THE  LEVY  AND AUCTION AND THE BALANCE OF THE AMOUNT OWED
 SHALL BE PLACED AS A LIEN ON THE PROPERTY PURSUANT  TO  APPLICABLE  LAWS
 FOR  DEBT COLLECTION AND AN ACTION FOR FORECLOSURE OF THE PROPERTY SHALL
 NOT BE MAINTAINED FOR THE AMOUNT OWED. IN THE VILLAGE  OF  UPPER  NYACK,
 THE  TIME  PERIOD FOR REDEMPTION SHALL BE THE SAME TIME PERIOD SET FORTH
 BY THE VILLAGE OF UPPER NYACK FOR THE VILLAGE'S ANNUAL TAX LEVY.
   (B) THE DETERMINATION OF WHETHER OR NOT THE CODE VIOLATIONS HAVE  BEEN
 CURED  SHALL  BE MADE BY THE LOCAL MUNICIPAL ENFORCING OFFICER IN CHARGE
 OF ENSURING COMPLIANCE WITH APPLICABLE HOUSING, BUILDING, AND FIRE CODES
 SUCH AS A CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETERMINATION MAY
 BE MADE TO THE MUNICIPALITY'S ZONING BOARD OF  APPEALS  OR  OTHER  LOCAL
 ADMINISTRATIVE  BODY  AS  PROVIDED  FOR IN LOCAL LAW. THE FINAL DETERMI-

 A. 1475--B                          3
 
 NATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE  PURSUANT  TO
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   (C)  THIS  SECTION  SHALL  NOT  BE  APPLICABLE  TO ANY CAUSE OF ACTION
 BROUGHT FOR MONEY DUE BASED ON THE CURING OF CODE VIOLATIONS  UNDER  ANY
 FORM FOR RECEIVERSHIP OR A MECHANICS LIEN.
   11.  PAYMENT  PRIOR  TO  AUCTION.  (A)  IF  THE  BALANCE OWED FOR CODE
 VIOLATIONS PLACED ON THE TAX LEVY IS PAID PRIOR TO THE EXPIRATION OF THE
 PERIOD FOR REDEMPTION PURSUANT TO SECTION ELEVEN  HUNDRED  TEN  OF  THIS
 CHAPTER  AND THERE IS NO BALANCE DUE FOR UNPAID REAL PROPERTY TAXES, THE
 PROPERTY MAY NOT BE AUCTIONED, AND THE PROPERTY SHALL  BE  REMOVED  FROM
 THE  TAX LEVY. IN THE VILLAGE OF UPPER NYACK THE TIME PERIOD FOR REDEMP-
 TION SHALL BE THE SAME TIME PERIOD SET FORTH BY  THE  VILLAGE  OF  UPPER
 NYACK FOR THE VILLAGE'S ANNUAL TAX LEVY.
   (B)  THE  OWNER  SHALL HAVE THE RIGHT TO PAY THE FULL BALANCE PRIOR TO
 THE EXPIRATION OF THE PERIOD FOR REDEMPTION PURSUANT TO  SECTION  ELEVEN
 HUNDRED  TEN  OF  THIS  CHAPTER  IN ORDER TO REDEEM THE PROPERTY. IN THE
 VILLAGE OF UPPER NYACK THE TIME PERIOD FOR REDEMPTION SHALL BE THE  SAME
 TIME  PERIOD  SET  FORTH BY THE VILLAGE OF UPPER NYACK FOR THE VILLAGE'S
 ANNUAL TAX LEVY.
   12. SURPLUS. ANY SURPLUS FUNDS REMAINING AFTER THE SALE OF A  PROPERTY
 AT A TAX FORECLOSURE FOR UNPAID CODE VIOLATIONS SHALL BE RETURNED TO THE
 FORMER OWNER OF THE PROPERTY IN A MANNER PROVIDED UNDER LOCAL LAW.  THIS
 PROVISION  SHALL  NOT APPLY TO A SALE OF A PROPERTY AT A TAX FORECLOSURE
 DUE TO UNPAID TAXES. IF A PROPERTY HAS BOTH UNPAID TAXES AND UNPAID CODE
 VIOLATIONS ON THE SAME TAX LEVY AND IS AUCTIONED AT  A  TAX  FORECLOSURE
 THE  AMOUNT  OF  THE SURPLUS FUNDS RETURNED TO THE FORMER OWNER SHALL BE
 PROPORTIONATE TO THE AMOUNT OF UNPAID CODE VIOLATIONS OWED IN THE  TOTAL
 AMOUNT  OF  DEBT  OWED  TO  THE  MUNICIPALITY.  FOR  THE PURPOSE OF THIS
 SECTION, "SURPLUS FUNDS" SHALL MEAN THE BALANCE OF MONEY RECEIVED  AFTER
 AUCTION  OF  A  PROPERTY AT A TAX FORECLOSURE SALE MINUS THE AMOUNT OWED
 FOR CODE VIOLATIONS AND THE COSTS AND ATTORNEYS  FEES  INCURRED  IN  THE
 COLLECTION OF THE FEES BY THE MUNICIPALITIES.
   13.  BALANCE  DUE.  IF  AFTER  AN  AUCTION  A  BALANCE IS DUE FOR CODE
 VIOLATIONS, THE MUNICIPALITY MAY PROCEED WITH  ANY  ACTION  AGAINST  THE
 FORMER OWNER PURSUANT TO APPLICABLE LAWS.
   14.  EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
 MUNICIPALITY THAT SELLS THEIR TAX LIENS IN A TAX LIEN SALE.
   § 2. This act shall take effect immediately.

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Assembly Bill A1475B

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Sponsored By

ZEBROWSKI O

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

James Skoufis

2017-A1475 - Details

2017-A1475 - Summary

2017-A1475 - Bill Text download pdf

co-Sponsors

James Skoufis

2017-A1475A - Details

2017-A1475A - Summary

2017-A1475A - Bill Text download pdf

co-Sponsors

James Skoufis

Ellen C. Jaffee

2017-A1475B (ACTIVE) - Details

2017-A1475B (ACTIVE) - Summary

2017-A1475B (ACTIVE) - Bill Text download pdf

Comments