Bill Text: NY A00416 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes the city of Syracuse to add unpaid housing code violation penalties, costs and fines to the city's annual tax levy.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-07-31 - signed chap.123 [A00416 Detail]
Download: New_York-2017-A00416-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 416--A 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. MAGNARELLI, HUNTER -- read once and referred to the Committee on Real Property Taxation -- reported and referred to the Committee on Codes -- 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 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: 1 Section 1. The real property tax law is amended by adding a new 2 section 901 to read as follows: 3 § 901. Collection of unpaid housing code violation penalties in the 4 city of Syracuse; levy. 1. Authorization. In addition to and not in 5 limitation of any power otherwise granted by law, the city of Syracuse 6 is hereby authorized to collect any unpaid housing, building and fire 7 code violation penalties, costs and fines through placement by the 8 city's commissioner of finance on the city's annual tax levy in accord- 9 ance with the provisions of this section. 10 2. Eligibility. In order to be eligible for placement on the city of 11 Syracuse's annual tax levy such unpaid code violation penalties, costs 12 and fines shall have been adjudicated and imposed through a judgment in 13 a court of competent jurisdiction or the city of Syracuse's codes 14 violation bureau established pursuant to section three hundred eighty of 15 the general municipal law, on an owner of real property within the city 16 and recorded by the county clerk, as certified by the city's corporation 17 counsel to the commissioner of finance and have remained unpaid for one 18 year after the final adjudication and exhaustion of all appeals relating 19 to the imposition of the fines for a code violation preceding the place- 20 ment on the city's tax levy. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00402-04-8A. 416--A 2 1 3. Minimum amount owed. To qualify for placement on the tax levy the 2 amount owed for unpaid code violations must be at least five percent of 3 the amount of the tax assessed value of the property. 4 4. Levy. Such code violation penalty, cost or fine as set forth in a 5 copy of the judgment certified by the corporation counsel to the commis- 6 sioner of finance shall be set down in the annual tax levy under the 7 heading uncollected fines and penalties and in according with this 8 section shall be levied, enforced and collected in the same manner, by 9 the same proceedings, at the same time, under the same penalties and 10 having the same lien upon the property assessed as the general city tax 11 and as a part thereof. 12 5. Notice. The city of Syracuse shall notify all owners or known 13 interested parties of record of the placement of the code violations on 14 the municipal tax levy as uncollected fines and penalties within thirty 15 days of placement, pursuant to section three hundred eight of the civil 16 practice law and rules. The notice shall include the date or dates of 17 such violations, the description of the violations, the amount owed, a 18 statement detailing the foreclosure process that will occur if the 19 violations remain unpaid, the process to claim any surplus funds and the 20 contact information for the city's office in charge of receiving 21 payments. 22 6. Tax year. Any unpaid code violations shall be placed on the tax 23 roll the city of Syracuse is currently in and shall not be placed on a 24 list, roll or levy of delinquent taxes. 25 7. Owner occupied. Notwithstanding any other applicable provisions of 26 law, nothing in this section shall be applied to a residential dwelling 27 that is owner-occupied or is the primary residence of a homeowner. 28 8. Tenants. Prior to the placement of any property with unpaid code 29 violations on the tax levy, the city of Syracuse shall develop a program 30 to assist tenants residing in a dwelling at risk for tax foreclosure due 31 to unpaid code violations. Such program shall include housing counseling 32 assistance or other support in relocating the tenants to suitable hous- 33 ing prior to the tax foreclosure. 34 9. Payment plan. Nothing in this section shall preclude an owner or 35 landlord from entering into a payment plan with the city of Syracuse for 36 past amounts due for code violations. 37 10. Curing code violations. (a) If all of the violations for which the 38 penalties, fees and costs have been assessed are cured, removed or 39 corrected prior to the expiration of the period for redemption set forth 40 by the city of Syracuse for the city's annual tax levy, the property 41 shall be removed from the levy and auction and the balance of the amount 42 owed shall be placed as a lien on the property pursuant to applicable 43 laws for debt collection and an action for foreclosure of the property 44 shall not be maintained for the amount owed. 45 (b) The determination of whether or not the code violations have been 46 cured shall be made by the city of Syracuse's enforcing officer in 47 charge of ensuring compliance with applicable housing, building, and 48 fire codes such as a code enforcement officer. An appeal of this deter- 49 mination may be made to the city's zoning board of appeals or other 50 local administrative body as provided for in local law. The final deter- 51 mination made by the administrative body shall be reviewable pursuant to 52 article seventy-eight of the civil practice law and rules. 53 (c) This section shall not be applicable to any cause of action 54 brought for money due based on the curing of code violations under any 55 form for receivership or a mechanics lien.A. 416--A 3 1 11. Payment prior to auction. (a) If the balance owed for code 2 violations placed on the tax levy is paid prior to the expiration of the 3 period for redemption set forth by the city of Syracuse for the city's 4 annual tax levy and there is no balance due for unpaid real property 5 taxes, the property may not be auctioned, and the property shall be 6 removed from the tax levy. 7 (b) The owner shall have the right to pay the full balance prior to 8 the expiration of the period for redemption set forth by the city of 9 Syracuse for the city's annual tax levy in order to redeem the property. 10 12. Surplus. Any surplus funds remaining after the sale of a property 11 at a tax foreclosure for unpaid code violations shall be returned to the 12 former owner of the property in a manner provided under local law. This 13 provision shall not apply to a sale of a property at a tax foreclosure 14 due to unpaid taxes. If a property has both unpaid taxes and unpaid code 15 violations on the same tax levy and is auctioned at a tax foreclosure 16 the amount of the surplus funds returned to the former owner shall be 17 proportionate to the amount of unpaid code violations owed in the total 18 amount of debt owed to the city of Syracuse. For the purpose of this 19 section, "surplus funds" shall mean the balance of money received after 20 auction of a property at a tax foreclosure sale minus the amount owed 21 for code violations and the costs and attorneys' fees incurred in the 22 collection of the fees by the city. 23 13. Balance due. If after an auction a balance is due for code 24 violations, the city of Syracuse may proceed with any action against the 25 former owner pursuant to applicable laws. 26 14. Exclusions. The provisions of this section shall not apply if the 27 city of Syracuse sells their tax liens in a tax lien sale. 28 § 2. This act shall take effect immediately.