NY State Senate Bill S8146A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	referred to local governments delivered to assembly passed senate
May 31, 2022	ordered to third reading cal.1659 committee discharged and committed to rules
May 04, 2022	print number 8146a
May 04, 2022	amend and recommit to finance
Jan 26, 2022	referred to finance

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S8146 - Details

See Assembly Version of this Bill:: A9504
Law Section:: State Finance Law
Laws Affected:: Amd §54-g, St Fin L; add §903, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S5207, A1662

S8146 - Summary

Authorizes municipalities in a pilot emergency repair program to add unpaid emergency repair charges and housing code violation penalties, costs and fines to such municipalities' annual tax levy.

S8146 - Sponsor Memo

 
BILL NUMBER: S8146

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the state finance law and the real property tax law, in
relation to authorizing certain municipalities in a pilot emergency
repair program to add unpaid emergency repair charges and housing code
violation penalties, costs  and fines to such municipalities' annual tax
levy in accordance with applicable law; and providing for the repeal of
certain provisions upon the expiration thereof

 
PURPOSE:

To create a pilot emergency repair program to allow cities to directly
address code violations where the owner has not undertaken repairs.

 
SUMMARY OF PROVISIONS:

Section 1: Directs that the Secretary of State receive additional fund-
ing from the state to support a pilot program for activities related to
the administration and enforcement of the fire prevention and building

codes. The program will permit participating municipalities to imme-
diately repair hazardous code violations in buildings where the owner
has not undertaken repairs, and permit them to bill the owner for repair
costs. In the event payment is not received within thirty days, the
secretary shall reimburse the municipality for such repairs. The State
then will be forwarded monies due from the owner for such repairs once
they are collected.  Only municipalities designated as a city will be
eligible to participate in the pilot program.

Section 2: Outlines the guidelines of the pilot program.

1) Authorizes participating municipalities to collect unpaid emergency
repair charges, housing, building, and fire code violation penalties.

2) Outlines that eligible charges, penalties, costs, and fines must be
imposed through a judgment in court and must have remained unpaid for
one year after the final adjudication and exhaustion of all appeals.

3) Sets minimum amount to be eligible for program: at least five percent
of the amount of the tax assessed value of the property.

4) Directs that the unpaid charges be set down in the annual tax levy as
uncollected fines and penalties.

5) Directs that the participating municipality must notify all owners or
known interested parties of unpaid emergency repair charges and/or code
violations on the municipal tax levy as uncollected fines and penalties
within thirty days of placement.

6) States that unpaid emergency repair charges shall be placed on the
tax year that the municipality is currently in.

7) Exempts a residential dwelling that is owner-occupied or is the
primary residence of a homeowner from the program.

8) Directs that the participating municipality shall develop a program
to assist tenants residing in a dwelling at risk of tax foreclosure
before placing a property on the tax levy. Program will include housing
counseling assistance or other relocation support to suitable housing.

9) Permits creation of payment plans for owners with participating muni-
cipality for past amounts due for emergency repair charges and/or code
violations.

10) Outlines curing code violations: if all violations that led to
penalties, fees, and costs are corrected prior to the expiration period
for redemption, then the property shall be removed from the levy and
auction and balance of amount owed will be placed as a lien on the prop-
erty.

11) States that a property may not be auctioned and will be removed from
the tax levy should the outstanding balance be paid on a property's
emergency repair costs and if there are also no unpaid real property
taxes.

12) States that any surplus funds from a sale of a property at a tax
foreclosure for unpaid code violations shall be returned to the former
owner of the property. This provision does not apply to sales of proper-
ty at a tax foreclosure due to unpaid taxes.

13) Should there be emergency repair charges and/or code violations
still due after the auction of the property, the municipality may
proceed with action against the former owner pursuant to applicable
laws.

14) Excludes municipalities that sell their tax liens in a tax lien sale
to the provisions of the program.

Section 3: Sets effective date.

 
JUSTIFICATION:

Around New York State there are a properties in cities that have been
issued code violations by the jurisdictional municipality but continue
to be in a state of disrepair either due to negligence or unwillingness
by the owner to make the necessary repairs. This can create extreme
safety issues to renters who reside at the property and slowly deteri-
orates property values in the surrounding neighborhood.

This bill seeks to remedy this issue by creating a program that would
authorize participating municipalities to make direct code enforcement
repairs that the landlord has either failed or refused to do. The muni-
cipality places the cost of the emergency repairs on the landlord's
property tax bill as a lien, with the state providing the municipality
with the upfront costs of the repairs and recouping the money upon reme-
dy of the lien/violations. A similar program currently exists in NYC
under its Housing Preservation and Development's Alternative Enforcement
Program through issuing of Orders to Correct.

The pilot program created by this bill will last until May 1, 2026.
During which the secretary of state in conjunction with the division of
housing and community renewal will file a report annually to evaluate
the effectiveness of the pilot program with the legislature and the
governor.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section one
of this act shall expire and be deemed repealed May 1, 2026

S8146 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8146
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law and the real property tax law,  in
   relation  to  authorizing  certain municipalities in a pilot emergency
   repair program to add unpaid emergency repair charges and housing code
   violation penalties, costs  and fines to such  municipalities'  annual
   tax  levy  in  accordance  with  applicable law; and providing for the
   repeal of certain provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 54-g of the state finance law, as
 added by chapter 707 of the laws of 1981, is amended to read as follows:
   3. BEGINNING NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO, THE SECRETARY OF
 STATE SHALL RECEIVE ADDITIONAL FUNDING FROM THE STATE TO SUPPORT A PILOT
 PROGRAM FOR ACTIVITIES RELATED TO THE ADMINISTRATION AND ENFORCEMENT  OF
 THE  FIRE  PREVENTION  AND  BUILDING CODES. THE SECRETARY OF STATE, WITH
 ASSISTANCE FROM THE DIVISION OF HOUSING  AND  COMMUNITY  RENEWAL,  SHALL
 ESTABLISH A PILOT PROGRAM WITH PARTICIPATING MUNICIPALITIES FOR AN EMER-
 GENCY  REPAIR  PROGRAM. THE SECRETARY OF STATE SHALL ONLY SELECT MUNICI-
 PALITIES DESIGNATED AS A CITY FOR  SUCH  PILOT  PROGRAM.  THE  EMERGENCY
 REPAIR  PROGRAM  WHICH  SHALL BE FUNDED FOR A MINIMUM OF THREE YEARS AND
 SHALL REQUIRE A MUNICIPALITY AWARDED PARTICIPATION TO ENACT A LOCAL  LAW
 TO   ENABLE  THE  MUNICIPALITY  TO  REPAIR  IMMEDIATELY  HAZARDOUS  CODE
 VIOLATIONS IN BUILDINGS WHERE THE OWNER HAS NOT UNDERTAKEN SUCH  REPAIRS
 IN  A  REASONABLE  TIME.  THE MUNICIPALITY SHALL BILL THE OWNER FOR SUCH
 REPAIR COSTS AND IN THE EVENT PAYMENT  IS  NOT  RECEIVED  WITHIN  THIRTY
 DAYS,  THE  SECRETARY SHALL REIMBURSE THE MUNICIPALITY FOR SUCH REPAIRS.
 ANY SUBSEQUENT RECOVERY OF MONIES DUE FROM THE OWNER  FOR  SUCH  REPAIRS
 SHALL  BE  FORWARDED TO THE STATE. THE SECRETARY OF STATE IN CONJUNCTION
 WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL FILE  A  REPORT
 ANNUALLY  TO  EVALUATE  THE  EFFECTIVENESS OF THE EMERGENCY REPAIR PILOT
 PROGRAM WITH THE LEGISLATURE AND THE GOVERNOR. SUCH REPORT SHALL INCLUDE
 RECOMMENDATIONS AS TO WHETHER THE PROGRAM SHALL BE CONTINUED OR MODIFIED
 IN ANY WAY AND THE REASONS THEREFOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14417-02-2
 S. 8146                             2

   4. The terms used in this section shall have the meanings ascribed  to
 them in section fifty-four of this article.
   §  2. 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  PARTICIPATING  IN THE EMERGENCY
 REPAIR PROGRAM PURSUANT TO SECTION FIFTY-FOUR-G  OF  THE  STATE  FINANCE
 LAW, ARE HEREBY AUTHORIZED TO COLLECT ANY UNPAID EMERGENCY REPAIR CHARG-
 ES, 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 EMERGENCY REPAIR CHARGES, 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 COUN-
 TY 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 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  EMERGENCY  REPAIR  CHARGES  AND/OR  THE  CODE
 VIOLATIONS  SHALL  BE  AT  LEAST  FIVE  PERCENT OF THE AMOUNT OF THE TAX
 ASSESSED VALUE OF THE PROPERTY.
   4. LEVY. SUCH UNPAID EMERGENCY REPAIR CHARGES  AND/OR  CODE  VIOLATION
 PENALTY,  COST  OR FINE AS SET FORTH IN A COPY OF THE JUDGMENT CERTIFIED
 BY THE MUNICIPAL COUNSEL TO THE COMMISSIONER 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 ACCORDANCE 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 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 UNPAID EMERGENCY REPAIR
 CHARGES AND/OR 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 MUNICIPAL
 OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID  EMERGENCY  REPAIR  CHARGES  AND/OR   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.
 S. 8146                             3
 
   8.  TENANTS.  PRIOR TO THE PLACEMENT OF ANY PROPERTY WITH UNPAID EMER-
 GENCY REPAIR CHARGES AND/OR CODE VIOLATIONS ON THE TAX LEVY, THE MUNICI-
 PALITY SHALL DEVELOP A PROGRAM TO ASSIST TENANTS RESIDING IN A  DWELLING
 AT  RISK  FOR  TAX  FORECLOSURE  DUE  TO UNPAID EMERGENCY REPAIR CHARGES
 AND/OR  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 FROM
 ENTERING  INTO  A  PAYMENT PLAN WITH A MUNICIPALITY FOR PAST AMOUNTS DUE
 FOR EMERGENCY REPAIR CHARGES AND/OR 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.
   (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 OR THROUGH  A  CERTIFICATION  BY  THE
 OWNER FILED WITH THE CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETER-
 MINATION  MAY  BE  MADE TO THE MUNICIPALITY'S ZONING BOARD OF APPEALS OR
 OTHER LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE  FINAL
 DETERMINATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSU-
 ANT 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  EMERGENCY  REPAIR  CHARGES
 AND/OR  CODE  VIOLATIONS  UNDER ANY FORM FOR RECEIVERSHIP OR A MECHANICS
 LIEN.
   11. PAYMENT PRIOR TO AUCTION. (A) IF THE BALANCE  OWED  FOR  EMERGENCY
 REPAIR  CHARGES  AND/OR  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.
   (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.
   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: (A) UNPAID TAXES; AND (B) UNPAID
 EMERGENCY REPAIR CHARGES AND/OR 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  EMERGENCY  REPAIR CHARGES AND/OR 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  EMERGENCY  REPAIR CHARGES, CODE VIOLATIONS AND THE COSTS AND ATTOR-
 NEYS FEES INCURRED IN THE COLLECTION OF THE FEES BY THE MUNICIPALITIES.
 S. 8146                             4
 
   13. BALANCE DUE. IF AFTER AN AUCTION A BALANCE IS  DUE  FOR  EMERGENCY
 REPAIR CHARGES AND/OR 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.
   § 3. This  act  shall  take  effect  immediately;  provided,  however,
 section one of this act shall expire and be deemed repealed May 1, 2026.

Co-Sponsors

S8146A (ACTIVE) - Details

See Assembly Version of this Bill:: A9504
Law Section:: State Finance Law
Laws Affected:: Amd §54-g, St Fin L; add §903, RPT L
Versions Introduced in 2023-2024 Legislative Session:: S5207, A1662

S8146A (ACTIVE) - Summary

Authorizes municipalities in a pilot emergency repair program to add unpaid emergency repair charges and housing code violation penalties, costs and fines to such municipalities' annual tax levy.

S8146A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8146A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the state finance law and the real property tax law, in
relation to authorizing certain municipalities in a pilot emergency
repair program to add unpaid emergency repair charges and housing code
violation penalties, costs  and fines to such municipalities' annual tax
levy in accordance with applicable law; and providing for the repeal of
certain provisions upon the expiration thereof

 
PURPOSE:

To create a pilot emergency repair program to allow cities to directly
address code violations where the owner has not undertaken repairs.

 
SUMMARY OF PROVISIONS:

Section 1: Directs that the secretary of state, with assistance from the
division of housing and community renewal, to establish a pilot program
for activities related to the administration and enforcement of the fire

prevention and building codes. The program will permit participating
municipalities to immediately repair hazardous code violations in build-
ings where the owner has not undertaken repairs, and permit them to bill
the owner for repair costs. In the event payment is not received within
thirty days, the secretary shall reimburse the municipality for such
repairs. The State then will be forwarded monies due from the owner for
such repairs once they are collected. Only municipalities designated as
a city will be eligible to participate in the pilot program.

Section 2: Outlines the guidelines of the pilot program.

1) Authorizes participating municipalities to collect unpaid emergency
repair charges, housing, building, and fire code violation penalties.

2) Outlines that eligible charges, penalties, costs, and fines must be
imposed through a judgment in court and must have remained unpaid for
one year after the final adjudication and exhaustion of all appeals.

3) Sets minimum amount to be eligible for program: at least five percent
of the amount of the tax assessed value of the property.

4) Directs that the unpaid charges be set down in the annual tax levy as
uncollected fines and penalties.

5) Directs that the participating municipality must notify all owners or
known interested parties of unpaid emergency repair charges and/or code
violations on the municipal tax levy as uncollected fines and penalties
within thirty days of placement.

6) States that unpaid emergency repair charges shall be placed on the
tax year that the municipality is currently in.

7) Exempts a residential dwelling that is owner-occupied or is the
primary residence of a homeowner from the program.

8) Directs that the participating municipality shall develop a program
to assist tenants residing in a dwelling at risk of tax foreclosure
before placing a property on the tax levy. Program will include housing
counseling assistance or other relocation support to suitable housing.

9) Permits creation of payment plans for owners with participating muni-
cipality for past amounts due for emergency repair charges and/or code
violations.

10) Outlines curing code violations: if all violations that led to
penalties, fees, and costs are corrected prior to the expiration period
for redemption, then the property shall be removed from the levy and
auction and balance of amount owed will be placed as a lien on the prop-
erty.

11) States that a property may not be auctioned and will be removed from
the tax levy should the outstanding balance be paid on a property's
emergency repair costs and if there are also no unpaid real property
taxes

12) States that any surplus funds from a sale of a property at a tax
foreclosure for unpaid code violations shall be returned to the former
owner of the property. This provision does not apply to sales of proper-
ty at a tax foreclosure due to unpaid taxes.

13) Should there be emergency repair charges and/or code violations
still due after the auction of the property, the municipality may
proceed with action against the former owner pursuant to applicable
laws.

14) Excludes municipalities that sell their tax liens in a tax lien sale
to the provisions of the program.

Section 3: Sets effective date.

 
JUSTIFICATION:

Around New York State there are a properties in cities that have been
issued code violations by the jurisdictional municipality but continue
to be in a state of disrepair either due to negligence or unwillingness
by the owner to make the necessary repairs. This can create extreme
safety issues to renters who reside at the property and slowly deteri-
orates property values in the surrounding neighborhood.

This bill seeks to remedy this issue by creating a program that would
authorize participating municipalities to make direct code enforcement
repairs that the landlord has either failed or refused to do. The muni-
cipality places the cost of the emergency repairs on the landlord's
property tax bill as a lien, with the state providing the municipality
with the upfront costs of the repairs and recouping the money upon reme-
dy of the lien/violations. A similar program currently exists in NYC
under its Housing Preservation and Development's Alternative Enforcement
Program through issuing of Orders to Correct.

The pilot program created by this bill will last until May 1, 2026.
During which the secretary of state in conjunction with the division of
housing and community renewal will file a report annually to evaluate
the effectiveness of the pilot program with the legislature and the
governor.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, section one
of this act shall expire and be deemed repealed May 1, 2026

S8146A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8146--A
 
                             I N  S E N A T E
 
                             January 26, 2022
                                ___________
 
 Introduced  by Sens. SKOUFIS, HINCHEY -- read twice and ordered printed,
   and when printed to be  committed  to  the  Committee  on  Finance  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the state finance law and the real property tax law,  in
   relation  to  authorizing  certain municipalities in a pilot emergency
   repair program to add unpaid emergency repair charges and housing code
   violation penalties, costs  and fines to such  municipalities'  annual
   tax  levy  in  accordance  with  applicable law; and providing for the
   repeal of certain provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 54-g of the state finance law, as
 added by chapter 707 of the laws of 1981, is amended to read as follows:
   3.  THE SECRETARY OF STATE, WITH ASSISTANCE FROM THE DIVISION OF HOUS-
 ING AND COMMUNITY RENEWAL, SHALL ESTABLISH A PILOT PROGRAM WITH  PARTIC-
 IPATING MUNICIPALITIES FOR AN EMERGENCY REPAIR PROGRAM. THE SECRETARY OF
 STATE  SHALL  ONLY  SELECT  MUNICIPALITIES DESIGNATED AS A CITY FOR SUCH
 PILOT PROGRAM. THE EMERGENCY REPAIR PROGRAM SHALL REQUIRE A MUNICIPALITY
 AWARDED PARTICIPATION TO ENACT A LOCAL LAW TO ENABLE THE MUNICIPALITY TO
 REPAIR IMMEDIATELY HAZARDOUS CODE  VIOLATIONS  IN  BUILDINGS  WHERE  THE
 OWNER  HAS NOT UNDERTAKEN SUCH REPAIRS IN A REASONABLE TIME. THE MUNICI-
 PALITY SHALL BILL THE OWNER FOR SUCH  REPAIR  COSTS  AND  IN  THE  EVENT
 PAYMENT  IS  NOT  RECEIVED WITHIN THIRTY DAYS, THE SECRETARY SHALL REIM-
 BURSE THE MUNICIPALITY FOR SUCH  REPAIRS.  ANY  SUBSEQUENT  RECOVERY  OF
 MONIES  DUE  FROM  THE  OWNER FOR SUCH REPAIRS SHALL BE FORWARDED TO THE
 STATE. THE SECRETARY OF STATE IN CONJUNCTION WITH THE DIVISION OF  HOUS-
 ING  AND  COMMUNITY RENEWAL SHALL FILE A REPORT ANNUALLY TO EVALUATE THE
 EFFECTIVENESS OF THE EMERGENCY REPAIR PILOT PROGRAM WITH THE LEGISLATURE
 AND THE GOVERNOR. SUCH REPORT SHALL INCLUDE RECOMMENDATIONS AS TO WHETH-
 ER THE PROGRAM SHALL BE CONTINUED OR MODIFIED IN ANY WAY AND THE REASONS
 THEREFOR.
   4. The terms used in this section shall have the meanings ascribed  to
 them in section fifty-four of this article.
   §  2. The real property tax law is amended by adding a new section 903
 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14417-05-2
 S. 8146--A                          2

   § 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  PARTICIPATING  IN THE EMERGENCY
 REPAIR PROGRAM PURSUANT TO SECTION FIFTY-FOUR-G  OF  THE  STATE  FINANCE
 LAW, ARE HEREBY AUTHORIZED TO COLLECT ANY UNPAID EMERGENCY REPAIR CHARG-
 ES, 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 EMERGENCY REPAIR CHARGES, 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 COUN-
 TY 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 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  EMERGENCY  REPAIR  CHARGES  AND/OR  THE  CODE
 VIOLATIONS  SHALL  BE  AT  LEAST  FIVE  PERCENT OF THE AMOUNT OF THE TAX
 ASSESSED VALUE OF THE PROPERTY.
   4. LEVY. SUCH UNPAID EMERGENCY REPAIR CHARGES  AND/OR  CODE  VIOLATION
 PENALTY,  COST  OR FINE AS SET FORTH IN A COPY OF THE JUDGMENT CERTIFIED
 BY THE MUNICIPAL COUNSEL TO THE COMMISSIONER 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 ACCORDANCE 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 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 UNPAID EMERGENCY REPAIR
 CHARGES AND/OR 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 MUNICIPAL
 OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID  EMERGENCY  REPAIR  CHARGES  AND/OR   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 EMER-
 GENCY REPAIR CHARGES AND/OR CODE VIOLATIONS ON THE TAX LEVY, THE MUNICI-
 PALITY SHALL DEVELOP A PROGRAM TO ASSIST TENANTS RESIDING IN A  DWELLING
 AT  RISK  FOR  TAX  FORECLOSURE  DUE  TO UNPAID EMERGENCY REPAIR CHARGES
 AND/OR CODE VIOLATIONS. SUCH PROGRAM SHALL  INCLUDE  HOUSING  COUNSELING
 S. 8146--A                          3
 
 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 FROM
 ENTERING  INTO  A  PAYMENT PLAN WITH A MUNICIPALITY FOR PAST AMOUNTS DUE
 FOR EMERGENCY REPAIR CHARGES AND/OR 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.
   (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 OR THROUGH  A  CERTIFICATION  BY  THE
 OWNER FILED WITH THE CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETER-
 MINATION  MAY  BE  MADE TO THE MUNICIPALITY'S ZONING BOARD OF APPEALS OR
 OTHER LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE  FINAL
 DETERMINATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSU-
 ANT 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  EMERGENCY  REPAIR  CHARGES
 AND/OR  CODE  VIOLATIONS  UNDER ANY FORM FOR RECEIVERSHIP OR A MECHANICS
 LIEN.
   11. PAYMENT PRIOR TO AUCTION. (A) IF THE BALANCE  OWED  FOR  EMERGENCY
 REPAIR  CHARGES  AND/OR  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.
   (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.
   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: (A) UNPAID TAXES; AND (B) UNPAID
 EMERGENCY REPAIR CHARGES AND/OR 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  EMERGENCY  REPAIR CHARGES AND/OR 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  EMERGENCY  REPAIR CHARGES, CODE VIOLATIONS AND THE COSTS AND ATTOR-
 NEYS FEES INCURRED IN THE COLLECTION OF THE FEES BY THE MUNICIPALITIES.
   13. BALANCE DUE. IF AFTER AN AUCTION A BALANCE IS  DUE  FOR  EMERGENCY
 REPAIR CHARGES AND/OR 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.
   § 3. This  act  shall  take  effect  immediately;  provided,  however,
 section one of this act shall expire and be deemed repealed May 1, 2026.

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The New York State Senate

senate Bill S8146A

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Archive: Last Bill Status - Passed Senate

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Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

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S8146 - Details

S8146 - Summary

S8146 - Sponsor Memo

S8146 - Bill Text download pdf

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S8146A (ACTIVE) - Details

S8146A (ACTIVE) - Summary

S8146A (ACTIVE) - Sponsor Memo

S8146A (ACTIVE) - Bill Text download pdf

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senate Bill S8146A

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Sponsored By

James Skoufis

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 1, 2022 - floor Vote

Floor Vote: Jun 1, 2022

May 31, 2022 - Rules committee Vote

Rules Committee Vote: May 31, 2022

Bill Amendments

Co-Sponsors

Michelle Hinchey

S8146 - Details

S8146 - Summary

S8146 - Sponsor Memo

S8146 - Bill Text download pdf

Co-Sponsors

Alessandra Biaggi

Michelle Hinchey

S8146A (ACTIVE) - Details

S8146A (ACTIVE) - Summary

S8146A (ACTIVE) - Sponsor Memo

S8146A (ACTIVE) - Bill Text download pdf

Comments