Bill Text: NY S03131 | 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: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - RECOMMITTED TO RULES [S03131 Detail]
Download: New_York-2017-S03131-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3131--A Cal. No. 1542 2017-2018 Regular Sessions IN SENATE January 19, 2017 ___________ Introduced by Sens. DeFRANCISCO, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- recommitted to the Committee on Local Government in accordance with Senate Rule 6, sec. 8 -- committee discharged and said bill committed to the Committee on Rules -- reported favorably from said committee, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00402-06-8S. 3131--A 2 1 counsel to the commissioner of finance and have remained unpaid for one 2 year after the final adjudication and exhaustion of all appeals relating 3 to the imposition of the fines for a code violation preceding the place- 4 ment on the city's tax levy. 5 3. Minimum amount owed. To qualify for placement on the tax levy the 6 amount owed for unpaid code violations must be at least five percent of 7 the amount of the tax assessed value of the property. 8 4. Levy. Such code violation penalty, cost or fine as set forth in a 9 copy of the judgment certified by the corporation counsel to the commis- 10 sioner of finance shall be set down in the annual tax levy under the 11 heading uncollected fines and penalties and in according with this 12 section shall be levied, enforced and collected in the same manner, by 13 the same proceedings, at the same time, under the same penalties and 14 having the same lien upon the property assessed as the general city tax 15 and as a part thereof. 16 5. Notice. The city of Syracuse shall notify all owners or known 17 interested parties of record of the placement of the code violations on 18 the municipal tax levy as uncollected fines and penalties within thirty 19 days of placement, pursuant to section three hundred eight of the civil 20 practice law and rules. The notice shall include the date or dates of 21 such violations, the description of the violations, the amount owed, a 22 statement detailing the foreclosure process that will occur if the 23 violations remain unpaid, the process to claim any surplus funds and the 24 contact information for the city's office in charge of receiving 25 payments. 26 6. Tax year. Any unpaid code violations shall be placed on the tax 27 roll the city of Syracuse is currently in and shall not be placed on a 28 list, roll or levy of delinquent taxes. 29 7. Owner occupied. Notwithstanding any other applicable provisions of 30 law, nothing in this section shall be applied to a residential dwelling 31 that is owner-occupied or is the primary residence of a homeowner. 32 8. Tenants. Prior to the placement of any property with unpaid code 33 violations on the tax levy, the city of Syracuse shall develop a program 34 to assist tenants residing in a dwelling at risk for tax foreclosure due 35 to unpaid code violations. Such program shall include housing counseling 36 assistance or other support in relocating the tenants to suitable hous- 37 ing prior to the tax foreclosure. 38 9. Payment plan. Nothing in this section shall preclude an owner or 39 landlord from entering into a payment plan with the city of Syracuse for 40 past amounts due for code violations. 41 10. Curing code violations. (a) If all of the violations for which the 42 penalties, fees and costs have been assessed are cured, removed or 43 corrected prior to the expiration of the period for redemption set forth 44 by the city of Syracuse for the city's annual tax levy, the property 45 shall be removed from the levy and auction and the balance of the amount 46 owed shall be placed as a lien on the property pursuant to applicable 47 laws for debt collection and an action for foreclosure of the property 48 shall not be maintained for the amount owed. 49 (b) The determination of whether or not the code violations have been 50 cured shall be made by the city of Syracuse's enforcing officer in 51 charge of ensuring compliance with applicable housing, building, and 52 fire codes such as a code enforcement officer. An appeal of this deter- 53 mination may be made to the city's zoning board of appeals or other 54 local administrative body as provided for in local law. The final deter- 55 mination made by the administrative body shall be reviewable pursuant to 56 article seventy-eight of the civil practice law and rules.S. 3131--A 3 1 (c) This section shall not be applicable to any cause of action 2 brought for money due based on the curing of code violations under any 3 form for receivership or a mechanics lien. 4 11. Payment prior to auction. (a) If the balance owed for code 5 violations placed on the tax levy is paid prior to the expiration of the 6 period for redemption set forth by the city of Syracuse for the city's 7 annual tax levy and there is no balance due for unpaid real property 8 taxes, the property may not be auctioned, and the property shall be 9 removed from the tax levy. 10 (b) The owner shall have the right to pay the full balance prior to 11 the expiration of the period for redemption set forth by the city of 12 Syracuse for the city's annual tax levy in order to redeem the property. 13 12. Surplus. Any surplus funds remaining after the sale of a property 14 at a tax foreclosure for unpaid code violations shall be returned to the 15 former owner of the property in a manner provided under local law. This 16 provision shall not apply to a sale of a property at a tax foreclosure 17 due to unpaid taxes. If a property has both unpaid taxes and unpaid code 18 violations on the same tax levy and is auctioned at a tax foreclosure 19 the amount of the surplus funds returned to the former owner shall be 20 proportionate to the amount of unpaid code violations owed in the total 21 amount of debt owed to the city of Syracuse. For the purpose of this 22 section, "surplus funds" shall mean the balance of money received after 23 auction of a property at a tax foreclosure sale minus the amount owed 24 for code violations and the costs and attorneys' fees incurred in the 25 collection of the fees by the city. 26 13. Balance due. If after an auction a balance is due for code 27 violations, the city of Syracuse may proceed with any action against the 28 former owner pursuant to applicable laws. 29 14. Exclusions. The provisions of this section shall not apply if the 30 city of Syracuse sells their tax liens in a tax lien sale. 31 § 2. This act shall take effect immediately.