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.
                                                                   LBD00402-06-8

        S. 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.
feedback