Bill Text: NY A04402 | 2009-2010 | General Assembly | Amended

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Bill Title: Authorizes the city of New York to reconvey a parcel of land to the estate of Hilda Spivak.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-02-26 - print number 4402b [A04402 Detail]

Download: New_York-2009-A04402-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4402--B
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2009
                                      ___________
       Introduced  by  M. of A. HYER-SPENCER, TITONE, JEFFRIES -- read once and
         referred to the Committee on  Cities  --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- recommitted to the  Committee  on  Cities  in  accordance  with
         Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said committee
       AN  ACT  authorizing  the  city  of New York to reconvey its interest in
         certain real property acquired  by  in  rem  tax  foreclosure  in  the
         borough  of  Staten Island to the estate of former owner Hilda Spivak,
         notwithstanding expiration of the two year period within which  appli-
         cation  may  be  made  to the city to release its interest in property
         thus acquired; Block No. 1124, Lot No. 19 on tax map for  the  borough
         of Staten Island
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Findings. On September 15, 1970, through a Staten Island in
    2  rem tax foreclosure, the city of New York  acquired  title  to  premises
    3  designated  as  lot #19 in tax block 1124 in Staten Island, New York, in
    4  the borough of Staten Island, based on non-payment of taxes due to inad-
    5  vertent failure to pay taxes thereon by Hilda Spivak, the  former  owner
    6  of  such  property  who is now deceased. Pursuant to sections 11-424 and
    7  11-424.1 of the administrative code of the city of New  York,  the  city
    8  may release its interest in property thus acquired if an application for
    9  such  a release is filed with the city's department of citywide adminis-
   10  trative services within two years of the date on which the  city's  deed
   11  is  recorded  and if such application is approved by the in rem foreclo-
   12  sure release board. Since that period has now elapsed, and  pending  the
   13  effectiveness  of  a  chapter of the laws of 2010 authorizing the in rem
   14  foreclosure release board to authorize the release of property where  an
   15  application  for such release is made more than two years after the date
   16  of the city's acquisition thereof, state  legislation  is  necessary  to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07468-04-0
       A. 4402--B                          2
    1  restore  said property to the estate of Hilda Spivak. In addition, since
    2  the New York city charter requires that the sale of city owned  property
    3  be  at public auction or by sealed bids (except as otherwise provided by
    4  law), state legislative authorization is necessary to permit said recon-
    5  veyance.
    6    S  2. Notwithstanding any other provision of general, special or local
    7  law, charter or administrative code  to  the  contrary  and  subject  to
    8  section  three of this act, the city of New York is hereby authorized to
    9  release its interest in and reconvey the real property designated as tax
   10  block 1124, lot #19, on the tax map of  the  city  for  the  borough  of
   11  Staten  Island  as  said  map was on September 15, 1970 to the estate of
   12  Hilda Spivak, who have legally inherited said real property  from  Hilda
   13  Spivak,  deceased,  the former record owner of said property at the time
   14  of her demise.
   15    S 3. Such release and reconveyance may be made only upon the  approval
   16  of  the in rem foreclosure release board established by section 11-424.1
   17  of the administrative code of the city of New York, subject to the gran-
   18  tee meeting the following conditions precedent:
   19    (a) Submit an application for release in writing to the  city  commis-
   20  sioner of the department of citywide administrative services accompanied
   21  by  a  certified  title search, affidavit of ownership, and all fees and
   22  payments as otherwise required by section 11-424 of  the  administrative
   23  code of the city of New York.
   24    (b)  Pay all taxes, interest, penalties and charges otherwise required
   25  by section 11-424 of the administrative code of the  city  of  New  York
   26  upon  the  approval of the application by the in rem foreclosure release
   27  board.
   28    S 4. This chapter of the laws of 2010 shall not be deemed  to  be  the
   29  chapter  upon the effectiveness of which paragraph 2 of subdivision a of
   30  section 11-424 of the administrative code of the city of New York, under
   31  local law, depends. Accordingly, the  provisions  of  such  paragraph  2
   32  shall  not  apply  to the release and reconveyance authorized to be made
   33  herein.
   34    S 5. This act shall take effect immediately.