NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6528A
TITLE OF BILL:
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 appli-
To allow the City of Buffalo to deem finally adjudicated fines imposed
upon real property for building code violations as delinquent taxes.
SUMMARY OF PROVISIONS:
Section 1: Authorizes the City of Buffalo to collect any unpaid housing
code violation penalties, costs and fines through placement by the
city's commissioner of finance on the city's annual tax levy in accord-
ance with the applicable provisions of the city's tax and assessment
Subdivision 2: Provides that in order for such unpaid housing code
violation penalties, costs and fines to be eligible for placement on the
city's annual tax levy, to have been adjudicated and imposed through a
judgment in a court of competent jurisdiction on an owner of real prop-
erty within the city, as certified by the city's corporation counsel to
the commissioner of finance, and have remained unpaid for one year
preceding the placement on the city's tax levy.
Subdivision 3: Such housing code violation penalty, cost or fine as set
forth in a copy of the judgment certified by the corporation counsel to
the commissioner of finance shall be set down in the annual tax levy
under the heading uncollected fines and penalties and shall be levied,
enforced and collected in the same manner, by the same proceedings, at
the same time, under the same penalties and having the same lien upon
the property assessed as the general city tax and as a part thereof.
Section 2 specifies that this legislation shall take effect immediately.
The purpose of this legislation is to hold property owners who do not
reside in a property that has been cited by a municipality for building
code violations accountable. Often colloquially referred to as "slum-
lords", these absentee landlords allow properties to deteriorate with
little-to-no recourse, as municipalities often face difficulties in
enforcing and collecting fines. These problem properties plague neigh-
borhoods and communities across New York State, negatively impacting
quality of life and property values for nearby residents. By authorizing
the City of Buffalo to pass local laws allowing for unpaid fines to be
included as a tax lien on the property, property owners will be forced
to pay the fines or risk the property being foreclosed upon.
None to the state. Positive for the City of Buffalo.
This act shall take effect immediately.