Bill Text: NY S00661 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes certain cities and villages to expedite foreclosure on substantially physically distressed and unoccupied residential, commercial or industrial properties; establishes procedures requiring the consideration of various factors.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S00661 Detail]

Download: New_York-2009-S00661-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          661
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2009
                                      ___________
       Introduced  by  Sens.  LARKIN,  BONACIC,  FARLEY,  O. JOHNSON,  LEIBELL,
         SALAND, VOLKER -- read twice and ordered printed, and when printed  to
         be committed to the Committee on Local Government
       AN  ACT to amend the real property tax law, in relation to the expedited
         foreclosure of certain tax liens
         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 1141 to read as follows:
    3    S 1141. EXPEDITED FORECLOSURE OF SUBSTANTIALLY  PHYSICALLY  DISTRESSED
    4  AND  UNOCCUPIED RESIDENTIAL, COMMERCIAL OR INDUSTRIAL PROPERTIES. 1. THE
    5  PROVISIONS OF THIS SECTION ARE AN OPTIONAL ALTERNATIVE TO THE PROVISIONS
    6  OF THIS TITLE AND MAY BE USED BY ANY CITY HAVING FEWER THAN ONE  MILLION
    7  INHABITANTS  OR  ANY  VILLAGE. EXCEPT AS SUPERSEDED BY THE PROVISIONS OF
    8  THIS SECTION, THE OTHER PROVISIONS OF THIS TITLE SHALL APPLY.
    9    2. THIS SECTION APPLIES TO FORECLOSURES OF TAX LIENS ON  REAL  PROPER-
   10  TIES IMPROVED BY UNOCCUPIED RESIDENTIAL, COMMERCIAL OR INDUSTRIAL BUILD-
   11  INGS  AND  OTHER  ARTICLES AND STRUCTURES, SUBSTRUCTURES AND SUPERSTRUC-
   12  TURES ERECTED UPON,  UNDER  OR  ABOVE  THE  LAND,  OR  AFFIXED  THERETO,
   13  INCLUDING  BRIDGES,  WHARVES AND PIERS, WHICH ARE IN A STATE OF SUBSTAN-
   14  TIAL PHYSICAL DISTRESS.  FOR THE PURPOSES OF THIS SECTION,  "SUBSTANTIAL
   15  PHYSICAL DISTRESS" SHALL MEAN THAT THE BUILDING OR PROPERTY IN QUESTION:
   16    (A)  IS  IN A RAPID STATE OF DETERIORATION AND IS OR POTENTIALLY COULD
   17  BE AN IMMINENT DANGER TO THE HEALTH, SAFETY OR WELFARE OF THE COMMUNITY;
   18    (B) WHILE IN A DILAPIDATED OR STRUCTURALLY FRAGILE STATE, AND COULD BE
   19  ECONOMICALLY SECURED AND STABILIZED AND ULTIMATELY  RESTORED,  REHABILI-
   20  TATED OR RECONSTRUCTED TO BECOME USABLE AGAIN; AND
   21    (C)  IF  ALLOWED  TO CONTINUE TO DETERIORATE, WOULD IRREPARABLY HINDER
   22  FUTURE EFFORTS TO RESTORE SUCH  BUILDING'S  HISTORIC,  ARCHITECTURAL  OR
   23  STRUCTURAL FEATURES, OR ANY OTHER BENEFICIAL PHYSICAL ATTRIBUTES OF SUCH
   24  BUILDING.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02537-01-9
       S. 661                              2
    1    3.  WHEN  A PARCEL OF REAL PROPERTY APPEARS TO BE IN SUBSTANTIAL PHYS-
    2  ICAL DISTRESS AND THE TAXES ON SUCH PROPERTY REMAIN UNPAID ONE MONTH  OR
    3  MORE AFTER THE LIEN DATE, THE LOCAL LEGISLATIVE BODY OF AN ELIGIBLE CITY
    4  OR  VILLAGE  MAY  CONDUCT  A HEARING ON AT LEAST TEN DAYS' NOTICE TO THE
    5  OWNER  AND  MAY  ADOPT A RESOLUTION AT THE CONCLUSION OF SUCH HEARING OR
    6  THEREAFTER TO AUTHORIZE THE USE OF THE EXPEDITED PROCEDURE AUTHORIZED BY
    7  THIS SECTION, AFTER CONSIDERATION OF THE FOLLOWING:
    8    (A) THAT THE PROPERTY IS DETERMINED BY THE ELIGIBLE CITY OR VILLAGE TO
    9  BE IN SUBSTANTIAL PHYSICAL DISTRESS;
   10    (B) THE EXISTENCE AND EXTENT OF PHYSICALLY  DISTRESSED  CONDITIONS  OF
   11  THE PROPERTY;
   12    (C)  THE DANGER TO PUBLIC HEALTH, SAFETY OR WELFARE POSED BY THE PROP-
   13  ERTY;
   14    (D) THE RATE OF DETERIORATION OF THE PROPERTY;
   15    (E) THE ABILITY AND WILLINGNESS OF THE OWNER TO PAY THE  CHARGES  OWED
   16  WITHIN A REASONABLE PERIOD OF TIME;
   17    (F) THE ABILITY AND WILLINGNESS OF THE OWNER TO MAKE REPAIRS TO SECURE
   18  AND STABILIZE THE PROPERTY WITHIN A REASONABLE PERIOD OF TIME;
   19    (G)  THE  INTENTION,  IF  ANY,  OF THE OWNER TO CONVERT THE USE OF THE
   20  PROPERTY OR SUBSTANTIALLY ALTER OR DEMOLISH ANY IMPROVEMENT THEREON;
   21    (H) THE HISTORIC,  ARCHITECTURAL,  ENVIRONMENTAL,  CULTURAL  OR  OTHER
   22  SIGNIFICANCE OF THE PROPERTY TO THE NEIGHBORHOOD OR COMMUNITY; AND
   23    (I)  THE  IMPORTANCE  AND  URGENCY OF THE ELIGIBLE CITY'S OR VILLAGE'S
   24  LEGITIMATE INTEREST IN ACQUIRING THE PROPERTY FROM THE OWNER TO PRESERVE
   25  THE HISTORICAL, ARCHITECTURAL, ENVIRONMENTAL OR  CULTURAL  CHARACTER  OF
   26  THE SURROUNDING NEIGHBORHOOD.
   27    4.  UPON THE ADOPTION OF A RESOLUTION AUTHORIZING THE USE OF THE EXPE-
   28  DITED PROCEDURE AUTHORIZED BY THIS SECTION, THE CLERK OF THE LEGISLATIVE
   29  BODY SHALL MAIL A CERTIFIED COPY OF SUCH RESOLUTION TO THE OWNER AND THE
   30  ENFORCING OFFICER. FIVE DAYS AFTER RECEIVING THE SAME, OR AS SOON THERE-
   31  AFTER AS IS PRACTICABLE, THE ENFORCING OFFICER  SHALL  FILE  A  LIST  OF
   32  DELINQUENT  TAXES  PERTAINING  TO  THE  AFFECTED  PARCEL  IN  THE MANNER
   33  PROVIDED BY SECTION ELEVEN HUNDRED TWENTY-TWO OF THIS TITLE.  ONE  MONTH
   34  AFTER  SUCH FILING, OR AS SOON THEREAFTER AS IS PRACTICABLE, THE ENFORC-
   35  ING OFFICER SHALL FILE A  PETITION  OF  FORECLOSURE  PERTAINING  TO  THE
   36  AFFECTED  PARCEL  IN THE MANNER PROVIDED BY SECTION ELEVEN HUNDRED TWEN-
   37  TY-THREE OF THIS TITLE, AND SHALL FURNISH  PUBLIC  AND  PERSONAL  NOTICE
   38  THEREOF  IN  THE  MANNER PROVIDED BY SECTIONS ELEVEN HUNDRED TWENTY-FOUR
   39  AND ELEVEN HUNDRED TWENTY-FIVE OF THIS TITLE. THE REDEMPTION PERIOD WITH
   40  RESPECT TO SUCH PARCEL SHALL EXPIRE THREE MONTHS AFTER THE FIRST  PUBLI-
   41  CATION OF SUCH NOTICE.
   42    S  2.   Subdivision 2 of section 1110 of the real property tax law, as
   43  amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
   44  follows:
   45    2.    [The]  EXCEPT  AS  OTHERWISE  PROVIDED IN SECTION ELEVEN HUNDRED
   46  FORTY-ONE OF THIS ARTICLE, THE redemption period shall expire two  years
   47  after  lien date, except that a tax district may increase the redemption
   48  period for residential or  farm  property  in  the  manner  provided  by
   49  section  eleven hundred eleven of this [article] TITLE.  Notwithstanding
   50  the foregoing, if  the  notice  published  pursuant  to  section  eleven
   51  hundred twenty-four of this article specifies a later date for the expi-
   52  ration  of  the redemption period, the redemption period shall expire on
   53  the date so specified.
   54    S 3. This act shall take effect immediately and shall apply to taxable
   55  years commencing on or after the first of January  next  succeeding  the
   56  date on which it shall have become a law.