S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2490--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. McDONALD, FAHY, GOTTFRIED, OTIS, RAIA, DiPIETRO,
   PEOPLES-STOKES, WOERNER, GUNTHER, PALMESANO, STECK, FRIEND, MORINELLO,
   WALLACE -- Multi-Sponsored by -- M. of A. COOK, CROUCH, HOOPER, RAMOS,
   SCHIMMINGER -- read once and referred to the Committee on Real Proper-
   ty Taxation -- recommitted to the Committee 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 the redemption
   of real property subject to a delinquent tax lien
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1110 of the real property tax law,
 as amended by chapter 532 of the laws of 1994, is  amended  to  read  as
 follows:
   2.    The  redemption  period  shall expire two years after lien date,
 except that a tax district may increase the redemption period for  resi-
 dential  or  farm  property  in  the  manner  provided by section eleven
 hundred eleven of this article, OR A TAX DISTRICT MAY REDUCE THE REDEMP-
 TION PERIOD FOR RESIDENTIAL VACANT AND ABANDONED PROPERTY TO ONE YEAR IN
 THE MANNER PROVIDED THE PROPERTY HAS BEEN PLACED ON A VACANT  AND  ABAN-
 DONED  ROLL, OR REGISTRY OR LIST PRIOR TO THE DATE ON WHICH TAXES BECOME
 DELINQUENT IN THE LOCAL MUNICIPALITY, PURSUANT TO SECTION ELEVEN HUNDRED
 ELEVEN A OF THIS ARTICLE.  Notwithstanding the foregoing, if the  notice
 published pursuant to section eleven hundred twenty-four of this article
 specifies  a later date for the expiration of the redemption period, the
 redemption period shall expire on the date so specified.
   § 2. The real property tax law is amended  by  adding  a  new  section
 1111-a to read as follows:
   §  1111-A.  EXPEDITED FORECLOSURE PROCEEDINGS FOR VACANT AND ABANDONED
 RESIDENTIAL REAL PROPERTY. 1. FINDING  OF  VACANCY  AND  ABANDONMENT  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04386-04-8

 A. 2490--A                          2
 
 AFFIDAVIT.    EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE,
 AN ENFORCING OFFICER OR HIS OR HER AGENT MAY DETERMINE THAT  A  RESIDEN-
 TIAL  REAL  PROPERTY  IS  VACANT AND ABANDONED UNDER THIS SECTION.  SUCH
 PROPERTY  MAY BE SUBJECT TO A REDEMPTION PERIOD OF ONE YEAR, ONLY IF THE
 ENFORCING OFFICER OR HIS OR HER AGENT MAKES AN AFFIDAVIT TO THAT  EFFECT
 AND  THE PROPERTY HAS BEEN PLACED ON A LOCAL MUNICIPAL ROLL, REGISTRY OR
 LIST OF VACANT AND ABANDONED PROPERTY MAINTAINED BY THE  TAXING  MUNICI-
 PALITY.
   2. (A) FOR PURPOSES OF THIS SECTION:
   (I)  "ENFORCING OFFICER" SHALL MEAN THE PERSON EMPLOYED BY THE MUNICI-
 PALITY TO ENFORCE STATE AND LOCAL LAND USE REGULATIONS SUCH AS  THE  NEW
 YORK  STATE  PROPERTY MAINTENANCE CODE OR THE NEW YORK STATE UNIFORM AND
 FIRE PREVENTION AND BUILDING CODE, OR HIS OR HER AGENT; AND
   (II) "ROLL" INCLUDES A ROLL, REGISTRY OR LIST.
   (B) THE ENFORCING OFFICER OR HIS OR HER AGENT MUST  CONDUCT  AT  LEAST
 THREE  CONSECUTIVE  INSPECTIONS OF RESIDENTIAL REAL PROPERTY BELIEVED TO
 BE VACANT AND ABANDONED, WITH EACH INSPECTION OCCURRING AT LEAST  FORTY-
 FIVE DAYS APART AND AT DIFFERENT TIMES OF THE DAY. THE ENFORCING OFFICER
 MUST  INCLUDE IN HIS OR HER AFFIDAVIT THE DATES AND TIMES OF INSPECTIONS
 AND A STATEMENT THAT EACH INSPECTION REASONABLY INDICATED THAT NO  OCCU-
 PANT  WAS  PRESENT,  THAT  EVIDENCE OF OCCUPANCY ON THE PROPERTY DID NOT
 EXIST AND THERE WERE NO INDICATIONS THAT ANY PERSONS ARE RESIDING THERE.
   (C)(1) FOR PURPOSES OF THIS SUBDIVISION, THE "EVIDENCE OF ABANDONMENT"
 THAT THE ENFORCING OFFICER OR HIS OR HER  AGENT  CONSIDERS  DURING  SUCH
 CONSECUTIVE  INSPECTIONS  SHALL INCLUDE BUT NOT BE LIMITED TO ANY OF THE
 FOLLOWING CONDITIONS: (I) OVERGROWN OR  DEAD  VEGETATION;  (II)  ACCUMU-
 LATION  OF NEWSPAPERS, CIRCULARS, FLYERS OR MAIL; (III) PAST DUE UTILITY
 NOTICES, DISCONNECTED UTILITIES, OR UTILITIES NOT IN USE;  (IV)  ACCUMU-
 LATION  OF TRASH REFUSE OR OTHER DEBRIS; (V) ABSENCE OF WINDOW COVERINGS
 SUCH AS CURTAINS, BLINDS, OR SHUTTERS; (VI) ONE OR MORE BOARDED, MISSING
 OR BROKEN WINDOWS; (VII) THE PROPERTY IS OPEN TO CASUAL ENTRY  OR  TRES-
 PASS;  OR  (VIII)  THE  PROPERTY  HAS A BUILDING OR STRUCTURE THAT IS OR
 APPEARS STRUCTURALLY UNSOUND OR HAS ANY OTHER CONDITION THAT PRESENTS  A
 POTENTIAL  HAZARD  OR  DANGER  TO  THE SAFETY OF PERSONS. AT LEAST THREE
 SEPARATE REASONABLE INDICATIONS OF ABANDONMENT ARE REQUIRED FOR A DETER-
 MINATION OF ABANDONMENT BY THE ENFORCING OFFICER OR  HIS  OR  HER  AGENT
 OBSERVED  ON EACH OF HIS OR HER CONSECUTIVE INSPECTIONS MADE PURSUANT TO
 PARAGRAPH (B) OF THIS SUBDIVISION. ALL INDICATIONS RELIED  ON  SHALL  BE
 INCLUDED IN THE AFFIDAVIT ALONG WITH THE DATES AND TIMES OBSERVED.
   (2)  RESIDENTIAL REAL PROPERTY SHALL NOT BE DEEMED VACANT AND/OR ABAN-
 DONED WHERE SUCH PROPERTY IS: (I) AN UNOCCUPIED BUILDING WHICH IS UNDER-
 GOING CONSTRUCTION, RENOVATION OR REHABILITATION THAT IS  PROCEEDING  TO
 COMPLETION,  AND THE BUILDING IS IN COMPLIANCE WITH ALL APPLICABLE ORDI-
 NANCES, CODES, REGULATIONS AND STATUTES; (II) A BUILDING OCCUPIED  ON  A
 SEASONAL  BASIS;  (III)  A  BUILDING  THAT  IS  THE SUBJECT OF A PROBATE
 ACTION, ACTION TO QUIET TITLE, OR OTHER SIMILAR OWNERSHIP DISPUTE;  (IV)
 A  BUILDING  DAMAGED BY A NATURAL DISASTER AND ONE OR MORE OWNER INTENDS
 TO REPAIR AND REOCCUPY THE PROPERTY; OR (V) OCCUPIED BY THE TAXPAYER,  A
 RELATIVE OF THE TAXPAYER OR A TENANT LAWFULLY IN POSSESSION.
   (D)  THE AFFIDAVIT REQUIRED BY THIS SUBDIVISION SHALL INCLUDE LANGUAGE
 INDICATING THE ENFORCING OFFICER OR HIS OR  HER  AGENT  IN  HIS  OR  HER
 PROFESSIONAL  OPINION  HAS  MADE  A  DETERMINATION  THAT THE PROPERTY IS
 VACANT AND ABANDONED. SUCH AFFIDAVIT SHALL BE ACCOMPANIED BY ALL OF  THE
 SUPPORTING DOCUMENTATION.
   3.  (A)  THE  AFFIDAVIT  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION,
 ALONG WITH ALL SUPPORTING DOCUMENTATION, SHALL BE SERVED ON THE PROPERTY

 A. 2490--A                          3

 OWNER OR OWNERS PURSUANT TO SECTION THREE HUNDRED  EIGHT  OF  THE  CIVIL
 PRACTICE LAW AND RULES WITHIN ONE WEEK OF HAVING THE ENFORCING OFFICER'S
 OR HIS OR HER AGENT'S SIGNATURE AFFIXED TO IT.
   (B)  THE AFFIDAVIT AND COPIES OF ALL SUPPORTING DOCUMENTATION SHALL BE
 FILED WITH THE CLERK OF THE TOWN, VILLAGE, OR CITY  IN  WHICH  THE  REAL
 PROPERTY IS LOCATED WITHIN ONE WEEK OF HAVING THE ENFORCING OFFICER'S OR
 HIS OR HER AGENT'S SIGNATURE AFFIXED TO IT.
   4.  (A)  ALL TAXING LOCALITIES MAY MAINTAIN A ROLL OF VACANT AND ABAN-
 DONED PROPERTIES.  SUCH ROLL MUST INCLUDE THE TAX IDENTIFICATION  NUMBER
 OF  THE  LOT,  THE  KNOWN  LEGAL OWNERS OF THE PROPERTY, THE DATE OF THE
 FINDING OF VACANT AND ABANDONMENT PURSUANT TO THE ENFORCING OFFICER'S OR
 HIS OR HER AGENT'S AFFIDAVIT, AND ANY OTHER INFORMATION THE MUNICIPALITY
 DEEMS NECESSARY.
   (B) UPON THE PLACEMENT OF ANY PROPERTY OR LOT ON THE ROLL,  THE  CLERK
 OF THE TOWN, VILLAGE OR CITY IN WHICH THE REAL PROPERTY IS LOCATED SHALL
 SERVE  NOTICE ON THE PROPERTY OWNER OR OWNERS, PURSUANT TO SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, THAT THE PROPERTY HAS
 BEEN PLACED ON THE ROLL AND THE PROPERTY MAY BE  SUBJECT  TO  A  REDUCED
 REDEMPTION PERIOD OF ONE YEAR IF DELINQUENT TAXES BECOME OWING.
   (C)  THE  ROLL OF VACANT AND ABANDONED PROPERTIES SHALL BE MADE AVAIL-
 ABLE TO THE PUBLIC.
   5. ANY PERSON OR PERSONS, JOINTLY OR SEVERABLY  AGGRIEVED  UNDER  THIS
 SECTION  MAY  APPLY  TO THE SUPREME COURT FOR REVIEW BY PROCEEDING UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. SUCH PROCEED-
 ING MUST BE INSTITUTED WITHIN FOUR MONTHS OF SERVICE OF  NOTICE  ON  THE
 PROPERTY OWNER.
   §  3.  Subdivision  2 of section 1122 of the real property tax law, as
 amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2.  (a) In a tax district which has extended the redemption period for
 residential or farm property to three or four years, there may be  sepa-
 rate  lists  for property identified as residential or farm property and
 for other property.
   (b) IN A TAX DISTRICT WHICH HAS ROLL OR REGISTRY FOR VACANT AND  ABAN-
 DONED  REAL PROPERTY PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
 ARTICLE THERE MAY BE A SEPARATE ROLL,  REGISTRY  OR  LIST  FOR  PROPERTY
 IDENTIFIED AS VACANT AND ABANDONED REAL PROPERTY.
   (C)  In  a  tax district having a population of fifty thousand or more
 according to the latest federal census, there may be a separate list for
 each existing geographical area such as a  city,  town,  village,  ward,
 section or other appropriate area bounded or defined by law.
   §  4.  This  act shall take effect on January 1, 2020. Effective imme-
 diately the addition, amendment and/or repeal of any rule or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such date.