Bill Text: NY A10618 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes the city of Buffalo to add unpaid housing code violation penalties, costs and fines to the city's annual tax levy.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-07-31 - signed chap.167 [A10618 Detail]
Download: New_York-2017-A10618-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10618--A IN ASSEMBLY May 9, 2018 ___________ Introduced by M. of A. PEOPLES-STOKES, BOHEN -- 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 Buffalo to add unpaid housing code violation penalties, costs and fines to the 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 905 to read as follows: 3 § 905. Collection of unpaid housing code violation penalties; levy. 1. 4 Authorization. In addition to and not in limitation of any power other- 5 wise granted by law, the the city of Buffalo is hereby authorized to 6 collect any unpaid housing, building and fire code violation penalties, 7 costs and fines through placement by the city's commissioner of finance 8 on the city's annual tax levy in accordance with the provisions of this 9 section. 10 2. Eligibility. In order to be eligible for placement on the city of 11 Buffalo'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 on an owner of real property within 14 the city and recorded by the county clerk, as certified by the city's 15 corporation counsel to the commissioner of finance and have remained 16 unpaid for one year after the final adjudication and exhaustion of all 17 appeals relating to the imposition of the fines for a code violation 18 preceding the placement on the city's tax levy. 19 3. Minimum amount owed. To qualify for placement on the tax levy the 20 amount owed for unpaid code violations must be at least five percent of 21 the amount of the tax assessed value of the property. 22 4. Levy. Such code violation penalty, cost or fine as set forth in a 23 copy of the judgment certified by the corporation counsel to such 24 commissioner of finance shall be set down in the annual tax levy under EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14149-04-8A. 10618--A 2 1 the heading uncollected fines and penalties and in according with this 2 section shall be levied, enforced and collected in the same manner, by 3 the same proceedings, at the same time, under the same penalties and 4 having the same lien upon the property assessed as the tax levy of such 5 municipality and as a part thereof. 6 5. Notice. The city of Buffalo shall notify all owners or known inter- 7 ested parties of record of the placement of the code violations on the 8 city tax levy as uncollected fines and penalties within thirty days of 9 placement, pursuant to section three hundred eight of the civil practice 10 law and rules. The notice shall include the date or dates of such 11 violations, the description of the violations, the amount owed, a state- 12 ment detailing the foreclosure process that will occur if the violations 13 remain unpaid, the process to claim any surplus funds and the contact 14 information for the city's office in charge of receiving payments. 15 6. Tax year. Any unpaid code violations shall be placed on the tax 16 roll the city of Buffalo is currently in and shall not be placed on a 17 list, roll or levy of delinquent taxes. 18 7. Owner occupied. Notwithstanding any other applicable provisions of 19 law, nothing in this section shall be applied to a residential dwelling 20 that is owner-occupied or is the primary residence of a homeowner. 21 8. Tenants. Prior to the placement of any property with unpaid code 22 violations on the tax levy, the city of Buffalo shall develop a program 23 to assist tenants residing in a dwelling at risk for tax foreclosure due 24 to unpaid code violations. Such program shall include housing counseling 25 assistance or other support in relocating the tenants to suitable hous- 26 ing prior to the tax foreclosure. 27 9. Payment plan. Nothing in this section shall preclude an owner or 28 landlord from entering into a payment plan with the city of Buffalo for 29 past amounts due for code violations. 30 10. Curing code violations. (a) If all of the violations for which the 31 penalties, fees and costs have been assessed are cured, removed or 32 corrected prior to the expiration of the period for redemption pursuant 33 to section eleven hundred ten of this chapter, the property shall be 34 removed from the levy and auction and the balance of the amount owed 35 shall be placed as a lien on the property pursuant to applicable laws 36 for debt collection and an action for foreclosure of the property shall 37 not be maintained for the amount owed. 38 (b) The determination of whether or not the code violations have been 39 cured shall be made by the city of Buffalo's enforcing officer in charge 40 of ensuring compliance with applicable housing, building, and fire codes 41 such as a code enforcement officer. An appeal of this determination may 42 be made to the city's zoning board of appeals or other local administra- 43 tive body as provided for in local law. The final determination made by 44 the administrative body shall be reviewable pursuant to article seven- 45 ty-eight of the civil practice law and rules. 46 (c) This section shall not be applicable to any cause of action 47 brought for money due based on the curing of code violations under any 48 form for receivership or a mechanic's lien. 49 11. Payment prior to auction. (a) If the balance owed for code 50 violations placed on the tax levy is paid prior to the expiration of the 51 period for redemption pursuant to section eleven hundred ten of this 52 chapter and there is no balance due for unpaid real property taxes, the 53 property may not be auctioned, and the property shall be removed from 54 the tax levy.A. 10618--A 3 1 (b) The owner shall have the right to pay the full balance prior to 2 the expiration of the period for redemption pursuant to section eleven 3 hundred ten of this chapter in order to redeem the property. 4 12. Surplus. Any surplus funds remaining after the sale of a property 5 at a tax foreclosure for unpaid code violations shall be returned to the 6 former owner of the property in a manner as provided under local law. 7 This provision shall not apply to a sale of a property at a tax foreclo- 8 sure due to unpaid taxes. If a property has both unpaid taxes and unpaid 9 code violations on the same tax levy and is auctioned at a tax foreclo- 10 sure the amount of the surplus funds returned to the former owner shall 11 be proportionate to the amount of unpaid code violations owed in the 12 total amount of debt owed to the city of Buffalo. For the purpose of 13 this section, "surplus funds" shall mean the balance of money received 14 after auction of a property at a tax foreclosure sale minus the amount 15 owed for code violations and the costs and attorneys' fees incurred in 16 the collection of the fees by the city. 17 13. Balance due. If after an auction a balance is due for code 18 violations, the city of Buffalo may proceed with any action against the 19 former owner pursuant to applicable laws. 20 14. Exclusions. The provisions of this section shall not apply to any 21 municipality that sells their tax liens in a tax sale. 22 § 2. This act shall take effect immediately.
