S T A T E O F N E W Y O R K
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253
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
Introduced by Sens. KENNEDY, GALLIVAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Local Government
AN ACT to amend the Erie county tax act, in relation to decreasing the
time a vacant property may sit in foreclosure in Erie county
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9-1.0 of chapter 812 of the laws of 1942, consti-
tuting the Erie county tax act, is amended to read as follows:
§ 9-1.0 When foreclosure may be taken. (A) Whenever a tax sale certif-
icate issued on any tax sale shall be outstanding, unredeemed and unpaid
for a period of not less than two years nor more than twenty-five years
after the issuance thereof and no conveyance has been taken thereunder,
the holder of such tax sale certificate, including the county of Erie,
may bring an action to recover the amount paid for such certificate with
all interest, penalties, additions and expenses as in this act provided.
For that purpose, such a holder may maintain an action in the supreme
court or in the county court of Erie county for the sale of the lands
affected by such certificate. Jurisdiction of such action is hereby
expressly conferred upon such county court.
(B) FOR REAL PROPERTY THAT HAS BEEN CERTIFIED VACANT AND ABANDONED
PURSUANT TO SECTION THIRTEEN HUNDRED NINE OF THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW, WHENEVER A TAX SALE CERTIFICATE ISSUED ON ANY TAX
SALE SHALL BE OUTSTANDING, UNREDEEMED AND UNPAID FOR A PERIOD OF NOT
LESS THAN ONE YEAR NOR MORE THAN TWENTY-FIVE YEARS AFTER THE ISSUANCE
THEREOF AND NO CONVEYANCE HAS BEEN TAKEN THEREUNDER, THE HOLDER OF SUCH
TAX SALE CERTIFICATE, INCLUDING THE COUNTY OF ERIE, MAY BRING AN ACTION
TO RECOVER THE AMOUNT PAID FOR SUCH CERTIFICATE WITH ALL INTEREST,
PENALTIES, ADDITIONS AND EXPENSES AS IN THIS ACT PROVIDED. FOR THAT
PURPOSE, SUCH A HOLDER MAY MAINTAIN AN ACTION IN THE SUPREME COURT OR IN
THE COUNTY COURT OF ERIE COUNTY FOR THE SALE OF THE LANDS AFFECTED BY
SUCH CERTIFICATE. JURISDICTION OF SUCH ACTION IS HEREBY EXPRESSLY
CONFERRED UPON SUCH COUNTY COURT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05762-01-9