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Senate Bill S6260

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 Senate Committee Housing, Construction And Community Development Committee

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2017-S6260 (ACTIVE) - Details

See Assembly Version of this Bill:
A11258
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1303, RPAP L
Versions Introduced in 2015-2016 Legislative Session:
A10523

2017-S6260 (ACTIVE) - Summary

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

2017-S6260 (ACTIVE) - Sponsor Memo

2017-S6260 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6260
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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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