S T A T E   O F   N E W   Y O R K
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                                  3131--A
     Cal. No. 1542
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by  Sens.  DeFRANCISCO,  VALESKY  --  read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government  --  recommitted  to  the  Committee on Local Government in
   accordance with Senate Rule 6, sec. 8 -- committee discharged and said
   bill committed to the Committee on Rules --  reported  favorably  from
   said  committee,  ordered  to  a  third  reading, passed by Senate and
   delivered to the Assembly, recalled, vote  reconsidered,  restored  to
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading
 
 AN ACT to amend the real property tax law, in  relation  to  authorizing
   the  city  of Syracuse to add unpaid housing code violation penalties,
   costs and fines to such city's 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 901 to read as follows:
   §  901.  COLLECTION  OF UNPAID HOUSING CODE VIOLATION PENALTIES IN THE
 CITY OF SYRACUSE; LEVY. 1. AUTHORIZATION. IN  ADDITION  TO  AND  NOT  IN
 LIMITATION  OF  ANY POWER OTHERWISE GRANTED BY LAW, THE CITY OF SYRACUSE
 IS HEREBY AUTHORIZED TO COLLECT ANY UNPAID HOUSING,  BUILDING  AND  FIRE
 CODE  VIOLATION  PENALTIES,  COSTS  AND  FINES  THROUGH PLACEMENT BY THE
 CITY'S COMMISSIONER OF FINANCE ON THE CITY'S ANNUAL TAX LEVY IN  ACCORD-
 ANCE WITH THE PROVISIONS OF THIS SECTION.
   2.  ELIGIBILITY.  IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON THE CITY OF
 SYRACUSE'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  OR  THE  CITY  OF  SYRACUSE'S  CODES
 VIOLATION BUREAU ESTABLISHED PURSUANT TO SECTION THREE HUNDRED EIGHTY OF
 THE  GENERAL MUNICIPAL LAW, ON AN OWNER OF REAL PROPERTY WITHIN THE CITY
 AND RECORDED BY THE COUNTY CLERK, AS CERTIFIED BY THE CITY'S CORPORATION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00402-06-8

 S. 3131--A                          2
 
 COUNSEL TO THE COMMISSIONER OF FINANCE 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 PLACE-
 MENT ON THE CITY'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 CORPORATION COUNSEL TO THE COMMIS-
 SIONER OF FINANCE 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 PENALTIES AND
 HAVING THE SAME LIEN UPON THE PROPERTY ASSESSED AS THE GENERAL CITY  TAX
 AND AS A PART THEREOF.
   5.  NOTICE.  THE  CITY  OF  SYRACUSE  SHALL NOTIFY ALL OWNERS OR KNOWN
 INTERESTED 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
 PRACTICE  LAW  AND  RULES. THE NOTICE SHALL INCLUDE THE DATE OR DATES OF
 SUCH VIOLATIONS, THE DESCRIPTION OF THE VIOLATIONS, THE AMOUNT  OWED,  A
 STATEMENT  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  CITY'S  OFFICE  IN  CHARGE  OF  RECEIVING
 PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID CODE VIOLATIONS SHALL BE PLACED ON THE TAX
 ROLL THE CITY OF SYRACUSE 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 CITY OF SYRACUSE 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 THE CITY OF SYRACUSE 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 SET FORTH
 BY  THE  CITY  OF  SYRACUSE FOR THE CITY'S ANNUAL TAX LEVY, 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.
   (B) THE DETERMINATION OF WHETHER OR NOT THE CODE VIOLATIONS HAVE  BEEN
 CURED  SHALL  BE  MADE  BY  THE  CITY OF SYRACUSE'S ENFORCING OFFICER IN
 CHARGE OF ENSURING COMPLIANCE WITH  APPLICABLE  HOUSING,  BUILDING,  AND
 FIRE CODES SUCH AS A CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETER-
 MINATION  MAY  BE  MADE  TO  THE CITY'S ZONING BOARD OF APPEALS OR OTHER
 LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE FINAL DETER-
 MINATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSUANT TO
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.

 S. 3131--A                          3
 
   (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 SET FORTH BY THE CITY OF SYRACUSE FOR  THE  CITY'S
 ANNUAL  TAX  LEVY  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.
   (B)  THE  OWNER  SHALL HAVE THE RIGHT TO PAY THE FULL BALANCE PRIOR TO
 THE EXPIRATION OF THE PERIOD FOR REDEMPTION SET FORTH  BY  THE  CITY  OF
 SYRACUSE FOR THE CITY'S ANNUAL TAX LEVY IN ORDER TO REDEEM THE PROPERTY.
   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 CITY OF SYRACUSE.   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 CITY.
   13. BALANCE DUE. IF AFTER  AN  AUCTION  A  BALANCE  IS  DUE  FOR  CODE
 VIOLATIONS, THE CITY OF SYRACUSE MAY PROCEED WITH ANY ACTION AGAINST THE
 FORMER OWNER PURSUANT TO APPLICABLE LAWS.
   14.  EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE
 CITY OF SYRACUSE SELLS THEIR TAX LIENS IN A TAX LIEN SALE.
   § 2. This act shall take effect immediately.