S03163 Summary:

BILL NOS03163
 
SAME ASSAME AS UNI. A04983
 
SPONSORKRUGER
 
COSPNSR
 
MLTSPNSR
 
 
Releases Yeshivas Novominsk from all New York city department of health charges assessed against real property located in the borough of Brooklyn.
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S03163 Actions:

BILL NOS03163
 
02/10/2011REFERRED TO JUDICIARY
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S03163 Floor Votes:

There are no votes for this bill in this legislative session.
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S03163 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3163                                                  A. 4983
 
                               2011-2012 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 10, 2011
                                       ___________
 
        IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Judiciary
 
        IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once  and  referred
          to the Committee on Corporations, Authorities and Commissions
 

        AN  ACT  to release Yeshivas Novominsk from all New York city department
          of health and mental hygiene charges assessed  against  real  property
          located within the borough of Brooklyn
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Findings. On October 7, 1999, Yeshivas  Novominsk,  a  non-
     2  profit institution dedicated to providing religious and secular instruc-
     3  tion to students, acquired title to premises designated as lot 39 in tax
     4  block  5517, also known as 1680 60th Street, in the borough of Brooklyn.
     5  The former owner of said property, Yeshiva Tifereth Elimelech,  had  New
     6  York  City  Department  of  Health  and  Mental Hygiene charges assessed
     7  against the property on New York City Department of  Finance  tax  bills

     8  for  alleged  cleanup  work during the period that the premises were not
     9  occupied, from January of 1997 through November of 1999. Yeshiva  Tifer-
    10  eth  Elimelech  vigorously protested these charges and further presented
    11  detailed evidence to the City that they were not  given  ample  time  to
    12  conduct  their  own  cleanup  work and that the Department of Health and
    13  Mental Hygiene's  repeated  inspections  and  pest  exterminations  were
    14  unnecessary.  Despite Yeshiva Tifereth Elimelech's ongoing legal efforts
    15  to have the charges reduced or eliminated, the City continued to  assess
    16  the  charges  as  well as interest on the disputed amounts. The City has
    17  informed Yeshiva Tifereth Elimelech that they can no longer  appeal  the
    18  assessed  charges.  In the interim the property was acquired by Yeshivas
    19  Novominsk, which has now been charged for  the  disputed  Department  of

    20  Health  and  Mental  Hygiene  work  done  on the property prior to their
    21  taking possession. Yeshivas Novominsk  is  also  being  charged  ongoing
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06398-01-1

        S. 3163                             2                            A. 4983
 
     1  interest  on  the  disputed charges. The Department of Health and Mental
     2  Hygiene also did work at the property shortly after  Yeshivas  Novominsk
     3  took  possession  without  any  notice to the new owner.  As a matter of
     4  equity,  Yeshivas  Novominsk  should not be held responsible for charges
     5  incurred prior to their owning the property, let alone interest on those

     6  charges, yet the City refuses to release  them  from  the  charges,  and
     7  continues to add interest. All attempts at legal and political solutions
     8  have been tried and failed.
     9    § 2. Notwithstanding any other provision of general, special, or local
    10  law,  charter,  or  administrative code to the contrary, the city of New
    11  York is hereby authorized and instructed to release  Yeshivas  Novominsk
    12  from  all  Department  of  Health  and  Mental  Hygiene charges assessed
    13  against the above-cited property through November of 1999,  as  well  as
    14  all interest accrued on such charges.
    15    § 3. This act shall take effect immediately.
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