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A01475 Summary:

BILL NOA01475B
 
SAME ASSAME AS S01773-B
 
SPONSORZebrowski
 
COSPNSRSkoufis, Jaffee
 
MLTSPNSR
 
Add 903, RPT L
 
Authorizes municipalities in the county of Rockland to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law.
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A01475 Actions:

BILL NOA01475B
 
01/12/2017referred to real property taxation
01/03/2018referred to real property taxation
06/12/2018amend (t) and recommit to real property taxation
06/12/2018print number 1475a
06/16/2018amend (t) and recommit to real property taxation
06/16/2018print number 1475b
06/18/2018reported referred to codes
06/19/2018reported referred to ways and means
06/20/2018reported referred to rules
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A01475 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1475B
 
SPONSOR: Zebrowski
  TITLE OF BILL: An act to amend the real property tax law, in relation to authorizing certain municipalities to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law   PURPOSE OF BILL: To authorize municipalities in the County of Rockland, at their choos- ing, to add unpaid building and fire code violation penalties, costs and fines to such municipality's annual tax levy.   SUMMARY OF PROVISIONS: Section one of the bill amends the real property tax law by adding a new section 903 as it relates to allowing municipalities in the County of Rockland to collect any unpaid building and fire code violation penal- ties, costs and fines through placement by the official authorized to administer a municipality's annual tax levy. Section two of the bill relates to the effective date.   JUSTIFICATION: This bill would allow unpaid housing code violation fines which are overdue by more than one year to be added to a municipality in Rockland's annual tax levy. It would also have collection of the fines enforced and collected in the same manner by the same proceedings, and at the same time. This would save municipality's time and money through this collection process.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A01475 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1475--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  M. of A. ZEBROWSKI, SKOUFIS -- read once and referred to
          the Committee on Real Property Taxation -- recommitted to the  Commit-
          tee on Real Property Taxation in accordance with Assembly Rule 3, sec.
          2  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee -- again reported from said  commit-
          tee  with  amendments, ordered reprinted as amended and recommitted to
          said committee
 
        AN ACT to amend the real property tax law, in  relation  to  authorizing
          certain municipalities to add unpaid housing code violation penalties,
          costs  and fines to such municipalities' 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 903 to read as follows:
     3    § 903. Collection of unpaid housing code violation penalties; levy. 1.
     4  Authorization. In addition to and not in limitation of any power  other-
     5  wise granted by law, municipalities in the county of Rockland, including
     6  the  county  of  Rockland,  are  hereby authorized to collect any unpaid
     7  housing, building and fire code violation  penalties,  costs  and  fines
     8  through  placement by the municipality's commissioner of finance, treas-
     9  urer, or other public official charged with the duties of overseeing tax
    10  collections on the municipality's annual tax levy in accordance with the
    11  provisions of this section.
    12    2. Eligibility. In order to be eligible for placement on  the  munici-
    13  pality's annual tax levy such unpaid code violation penalties, costs and
    14  fines  shall  have  been adjudicated and imposed through a judgment in a
    15  court of competent jurisdiction on an owner of real property within  the
    16  municipality  and  recorded  by  the  county  clerk, as certified by the
    17  municipal counsel to the commissioner of  finance,  treasurer  or  other
    18  public  official  charged  with the duties of overseeing tax collections
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01991-06-8

        A. 1475--B                          2
 
     1  and have remained unpaid for one year after the final  adjudication  and
     2  exhaustion  of all appeals relating to the imposition of the fines for a
     3  code violation preceding the placement on the municipality's tax levy.
     4    3.  Minimum  amount owed. To qualify for placement on the tax levy the
     5  amount owed for unpaid code violations must be at least five percent  of
     6  the amount of the tax assessed value of the property.
     7    4.  Levy.  Such code violation penalty, cost or fine as set forth in a
     8  copy of the judgment certified by the municipal counsel to  the  commis-
     9  sioner  of  finance, treasurer or other public official charged with the
    10  duties of overseeing tax collections shall be set down in the annual tax
    11  levy under the heading uncollected fines and penalties and in  according
    12  with  this  section  shall be levied, enforced and collected in the same
    13  manner, by the same proceedings, at the same time, under the same penal-
    14  ties and having the same lien upon the property assessed as the  general
    15  municipal tax and as a part thereof.
    16    5.  Notice.  The  municipality shall notify all owners or known inter-
    17  ested parties of record of the placement of the code violations  on  the
    18  municipal tax levy as uncollected fines and penalties within thirty days
    19  of placement, pursuant to section three hundred eight of the civil prac-
    20  tice  law  and rules. The notice shall include the date or dates of such
    21  violations, the description of the violations, the amount owed, a state-
    22  ment detailing the foreclosure process that will occur if the violations
    23  remain unpaid, the process to claim any surplus funds  and  the  contact
    24  information for the municipal office in charge of receiving payments.
    25    6.  Tax  year.  Any  unpaid code violations shall be placed on the tax
    26  roll the municipality is currently in and shall not be placed on a list,
    27  roll or levy of delinquent taxes.
    28    7. Owner occupied. Notwithstanding any other applicable provisions  of
    29  law,  nothing in this section shall be applied to a residential dwelling
    30  that is owner-occupied or is the primary residence of a homeowner.
    31    8. Tenants. Prior to the placement of any property  with  unpaid  code
    32  violations  on the tax levy, the municipality shall develop a program to
    33  assist tenants residing in a dwelling at risk for tax foreclosure due to
    34  unpaid code violations. Such program shall  include  housing  counseling
    35  assistance  or other support in relocating the tenants to suitable hous-
    36  ing prior to the tax foreclosure.
    37    9. Payment plan.  Nothing in this section shall preclude an  owner  or
    38  landlord  from entering into a payment plan with a municipality for past
    39  amounts due for code violations.
    40    10. Curing code violations. (a) If all of the violations for which the
    41  penalties, fees and costs have  been  assessed  are  cured,  removed  or
    42  corrected  prior to the expiration of the period for redemption pursuant
    43  to section eleven hundred ten of this chapter,  the  property  shall  be
    44  removed  from  the  levy  and auction and the balance of the amount owed
    45  shall be placed as a lien on the property pursuant  to  applicable  laws
    46  for  debt collection and an action for foreclosure of the property shall
    47  not be maintained for the amount owed. In the village  of  Upper  Nyack,
    48  the  time  period for redemption shall be the same time period set forth
    49  by the village of Upper Nyack for the village's annual tax levy.
    50    (b) The determination of whether or not the code violations have  been
    51  cured  shall  be made by the local municipal enforcing officer in charge
    52  of ensuring compliance with applicable housing, building, and fire codes
    53  such as a code enforcement officer.  An appeal of this determination may
    54  be made to the municipality's zoning board of  appeals  or  other  local
    55  administrative  body  as  provided  for in local law. The final determi-

        A. 1475--B                          3
 
     1  nation made by the administrative body shall be reviewable  pursuant  to
     2  article seventy-eight of the civil practice law and rules.
     3    (c)  This  section  shall  not  be  applicable  to any cause of action
     4  brought for money due based on the curing of code violations  under  any
     5  form for receivership or a mechanics lien.
     6    11.  Payment  prior  to  auction.  (a)  If  the  balance owed for code
     7  violations placed on the tax levy is paid prior to the expiration of the
     8  period for redemption pursuant to section eleven  hundred  ten  of  this
     9  chapter  and there is no balance due for unpaid real property taxes, the
    10  property may not be auctioned, and the property shall  be  removed  from
    11  the  tax levy. In the village of Upper Nyack the time period for redemp-
    12  tion shall be the same time period set forth by  the  village  of  Upper
    13  Nyack for the village's annual tax levy.
    14    (b)  The  owner  shall have the right to pay the full balance prior to
    15  the expiration of the period for redemption pursuant to  section  eleven
    16  hundred  ten  of  this  chapter  in order to redeem the property. In the
    17  village of Upper Nyack the time period for redemption shall be the  same
    18  time  period  set  forth by the village of Upper Nyack for the village's
    19  annual tax levy.
    20    12. Surplus. Any surplus funds remaining after the sale of a  property
    21  at a tax foreclosure for unpaid code violations shall be returned to the
    22  former owner of the property in a manner provided under local law.  This
    23  provision  shall  not apply to a sale of a property at a tax foreclosure
    24  due to unpaid taxes. If a property has both unpaid taxes and unpaid code
    25  violations on the same tax levy and is auctioned at  a  tax  foreclosure
    26  the  amount  of  the surplus funds returned to the former owner shall be
    27  proportionate to the amount of unpaid code violations owed in the  total
    28  amount  of  debt  owed  to  the  municipality.  For  the purpose of this
    29  section, "surplus funds" shall mean the balance of money received  after
    30  auction  of  a  property at a tax foreclosure sale minus the amount owed
    31  for code violations and the costs and attorneys  fees  incurred  in  the
    32  collection of the fees by the municipalities.
    33    13.  Balance  due.  If  after  an  auction  a  balance is due for code
    34  violations, the municipality may proceed with  any  action  against  the
    35  former owner pursuant to applicable laws.
    36    14.  Exclusions. The provisions of this section shall not apply to any
    37  municipality that sells their tax liens in a tax lien sale.
    38    § 2. This act shall take effect immediately.
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