NY State Senate Bill 2023-S2592

Current Bill Status - In Senate Committee Cities 1 Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to cities 1
Jan 23, 2023	referred to cities 1

2023-S2592 (ACTIVE) - Details

See Assembly Version of this Bill:: A6074
Current Committee:: Senate Cities 1
Law Section:: New York City Administrative Code
Laws Affected:: Amd §11-301, add §11-357, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:: 2019-2020: S9021
2021-2022: S4181

2023-S2592 (ACTIVE) - Summary

Provides that an owner of a residential building which has been deemed unsafe because of an arson related fire shall be charged the actual cost of demolition.

2023-S2592 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2592

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, in
relation to demolition costs of residential property

 
PURPOSE:

To ensure that homeowners who are the victim of arson are not subject to
profiteering charges for the cost of demolition, or any subsequent tax
liens.

 
SUMMARY OF PROVISIONS:

Amends Section 11-301 of the Administrative Code to ensure that homeown-
ers who are the victim of arson are riot subject to profiteering charges
for the cost of demolition, or any subsequent tax liens.

Furthermore, provides that when a residential house is demolished by the
City pursuant to a fire, the primary cause of which is arson by an indi-

vidual other than the legal owner or current occupants, the owner of the
demolished house shall only be billed for the actual costs of demolition
and, such costs shall be capped at no more than 25% of the total insur-
ance settlement reached between the owner and their insurance carrier.

In addition, no 1, 2, or 3 family home subject to the above conditions
may be placed on the NYC lien sale list for a period of ten years. In
addition, any 1, 2 or 3 family home placed on the lien list in the last
twenty years pursuant to the above conditions, shall have a 10 year
period to cure any back taxes or present liens, and all interest shall
be waived.

 
JUSTIFICATION:

Sadly, a number of cases have accrued wherein victims of arson have been
charged outrageous amounts by New York City for the necessary demolition
of smoldered structures. In some cases, the insurance policy of the
arson victim does not cover these charges as part of the cost of build-
ing the home back. In these limited number of circumstances, the City
should not submit bills to the arson victim for tens of thousands of
dollars. This bill sets a moderate cap on what may be charged and also
ensures that an arson victim's home shall not be subject to a lien sale
for a considerable amount of time.

 
LEGISLATIVE HISTORY:

2021-22: S.4181

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2592 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2592
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation to demolition costs of residential property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11-301 of the administrative code of  the  city  of
 New  York,  as  amended  by  local  law  number 68 for the year 2007, is
 amended to read as follows:
   § 11-301 When taxes, assessments, sewer rents, sewer surcharges [and],
 water rents AND DEMOLITION COSTS to be liens on land assessed. All taxes
 and all assessments and all sewer rents, sewer surcharges  [and],  water
 rents  AND DEMOLITION COSTS, and the interest and charges thereon, which
 may be laid or may have heretofore been laid, upon any real  estate  now
 in the city, shall continue to be, until paid, a lien thereon, and shall
 be  preferred  in payment to all other charges.  The words "water rents"
 whenever they are used in this  chapter  shall  include  uniform  annual
 charges  and  extra  and  miscellaneous charges for the supply of water,
 charges in accordance with meter rates, minimum charges for  the  supply
 of  water  by  meter,  annual service charges and charges for meters and
 their connections and for their setting, repair and maintenance,  penal-
 ties  and  fines  and all lawful charges for the supply of water imposed
 pursuant to the New York city municipal  water  finance  authority  act,
 which is set forth in title two-A of article five of the public authori-
 ties  law.  Charges  for  expense of meters, their connections, setting,
 repair or maintenance shall not be due or become a charge or lien on the
 premises where a water meter shall  be  installed  or  against  which  a
 charge shall be made, until such charge shall have been definitely fixed
 by  the  commissioner  of  environmental protection, and an entry of the
 amount thereof shall have been made with the date of such entry  in  the
 book in which the charges for water supplied by meter against such prem-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03823-01-3

 S. 2592                             2
 
 ises are to be entered. A charge in accordance with meter rates or mini-
 mum  charges  for  the  supply of water measured by meter, and a service
 charge shall not be due or become a lien or  charge  upon  the  premises
 where  such meter is installed until an entry shall have been made indi-
 cating that such premises are metered, with the date of  such  entry  in
 the  book  in  which  the charges for water by meter measurement against
 such premises are to be entered. The words "sewer rents"  when  used  in
 this chapter shall mean any rents or charges imposed pursuant to section
 24-514  of  the  code  or  pursuant to the New York city municipal water
 finance authority act, which is set forth in title two-A of article five
 of the public authorities law. The words "sewer surcharges" when used in
 this chapter shall mean the charges imposed pursuant to  section  24-523
 of  the  code  or  pursuant to the New York city municipal water finance
 authority act, which is set forth in title two-A of article five of  the
 public  authorities  law.  Whenever an increase in the amount of uniform
 annual charges or extra or miscellaneous charges shall have been made or
 a charge shall have been  made  for  water  services  for  any  building
 completed  subsequent  to  the  first  day  of January in each year, the
 amount of such increase of the charge or new charge for such new  build-
 ing  shall  not  be  due or become a lien or charge against the premises
 until the amounts thereof shall have been entered with the date of  such
 entries,  respectively, in the books in which the uniform annual charges
 and extra or miscellaneous charges  against  such  premises  are  to  be
 entered.  The  words "tax lien" when used in this chapter shall mean the
 lien arising pursuant to the provisions of this chapter or  pursuant  to
 the  New  York  city municipal water finance authority act, which is set
 forth in title two-A of article five of the public authorities law, as a
 result of the nonpayment  of  taxes,  assessments,  sewer  rents,  sewer
 surcharges,  water  rents,  DEMOLITION COSTS, any other charges that are
 made a lien subject to the provisions of this chapter, the costs of  any
 advertisements  and  notices  given  pursuant to this chapter, any other
 charges that are due and payable, a surcharge pursuant to section 11-332
 of this chapter if the tax lien is sold, interest and penalties  thereon
 and  the  right of the city to receive such amounts. The words "tax lien
 certificate" when  used  in  this  chapter  shall  mean  the  instrument
 evidencing a tax lien and executed by the commissioner of finance or his
 or  her designee at such time as such lien is transferred to a purchaser
 upon sale of such lien by the city. THE WORDS  "DEMOLITION  COSTS"  WHEN
 USED  IN  THIS CHAPTER SHALL MEAN THE CHARGES IMPOSED FOR THE DEMOLITION
 OF A RESIDENTIAL BUILDING WHICH IS SET FORTH IN SECTION 11-357  OF  THIS
 CHAPTER.
   §  2.  The  administrative  code of the city of New York is amended by
 adding a new section 11-357 to read as follows:
   § 11-357 DEMOLITION COSTS ON RESIDENTIAL BUILDINGS.  1.  AN  OWNER  OF
 RESIDENTIAL  PROPERTY WHICH HAS BEEN DEEMED AN UNSAFE BUILDING OR STRUC-
 TURE AS A RESULT OF ARSON AND SUCH OWNER HAS BEEN ORDERED BY THE COMMIS-
 SIONER TO DEMOLISH SUCH BUILDING PURSUANT TO TITLE TWENTY-EIGHT OF  THIS
 CHAPTER, SHALL BE BILLED FOR THE ACTUAL COST OF THE DEMOLITION AND SHALL
 BE  NO  MORE  THAN TWENTY-FIVE PERCENT OF THE TOTAL INSURANCE SETTLEMENT
 REACHED BETWEEN THE OWNER AND  THEIR  INSURANCE  CARRIER.  THIS  SECTION
 SHALL  NOT  APPLY  IF SUCH ARSON WAS COMMITTED BY THE LEGAL OWNER OF THE
 RESIDENTIAL PROPERTY OR AN OCCUPANT OF THE RESIDENTIAL PROPERTY.
   2. THE COMMISSIONER OF BUILDINGS OF THE CITY OF NEW YORK  SHALL  CAUSE
 TO BE TRANSMITTED TO THE COMMISSIONER OF FINANCE AN ACCOUNT OF ALL DEMO-
 LITION  COSTS  PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION AS THE SAME
 BECOME DUE OR ACCRUE.
 S. 2592                             3
 
   3. THE OWNER OF RESIDENTIAL PROPERTY CONTAINING ONE, TWO OR  THREE-FA-
 MILY UNITS WHO FAILS TO PAY THE DEMOLITION COST, PURSUANT TO SUBDIVISION
 ONE  OF THIS SECTION, AS THE SAME BECOME DUE OR ACCRUE SHALL NOT BE SOLD
 BY THE CITY AS A TAX LIEN FOR A PERIOD OF TEN YEARS.  THE OWNER OF RESI-
 DENTIAL  PROPERTY  CONTAINING  ONE,  TWO OR THREE-FAMILY UNITS WHO HAS A
 LIEN ON SUCH PROPERTY FOR COSTS ASSOCIATED  WITH  THE  DEMOLITION  OF  A
 BUILDING  ON  SUCH  PROPERTY FOR A PERIOD OF TWENTY YEARS SHALL HAVE TEN
 YEARS TO CURE ANY BACK TAXES OR PRESENT  LIENS  ON  SUCH  PROPERTY.  THE
 INTEREST  FEES  RELATED  TO  SUCH  BACK  TAXES OR PRESENT LIENS SHALL BE
 WAIVED.
   § 3. This act shall take effect immediately.

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Senate Bill S2592

Sponsored By

Current Bill Status - In Senate Committee Cities 1 Committee

2023-S2592 (ACTIVE) - Details

2023-S2592 (ACTIVE) - Summary

2023-S2592 (ACTIVE) - Sponsor Memo

2023-S2592 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2592

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Cities 1 Committee

2023-S2592 (ACTIVE) - Details

2023-S2592 (ACTIVE) - Summary

2023-S2592 (ACTIVE) - Sponsor Memo

2023-S2592 (ACTIVE) - Bill Text download pdf

Comments