New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00416 Summary:

A00416 Actions:

A00416 Committee Votes:

Committee:REAL PROPERTY TAXATION   Chair:Galef      
DATE:01/31/2017AYE/NAY:9/0  Action: Favorable refer to committee Codes        
Galef
Aye
Lalor
Aye
McDonald
Aye
Miller
Aye
Gjonaj
Aye
Pichardo
Aye
Dickens
Aye
Wallace
Aye
Barnwell
Aye

Committee:CODES   Chair:Lentol      
DATE:06/18/2018AYE/NAY:19/2  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Aye
Lavine
Excused
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Nay
Fahy
Aye
Seawright
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/20/2018AYE/NAY:31/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Aye
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Excused
McDonald
Excused
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Excused

Committee:RULES   Chair:Gottfried      
DATE:06/20/2018AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Excused
Galef
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye

A00416 Floor Votes:

A00416 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         416--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M. of A. MAGNARELLI, HUNTER -- read once and referred to
          the Committee on Real Property Taxation -- reported  and  referred  to
          the  Committee on Codes -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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
    17  counsel to the commissioner of finance and have remained unpaid for  one
    18  year after the final adjudication and exhaustion of all appeals relating
    19  to the imposition of the fines for a code violation preceding the place-
    20  ment on the city's tax levy.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00402-04-8
        A. 416--A                           2
 
     1    3.  Minimum  amount owed. To qualify for placement on the tax levy the
     2  amount owed for unpaid code violations must be at least five percent  of
     3  the amount of the tax assessed value of the property.
     4    4.  Levy.  Such code violation penalty, cost or fine as set forth in a
     5  copy of the judgment certified by the corporation counsel to the commis-
     6  sioner of finance shall be set down in the annual  tax  levy  under  the
     7  heading  uncollected  fines  and  penalties  and  in according with this
     8  section shall be levied, enforced and collected in the same  manner,  by
     9  the  same  proceedings,  at  the same time, under the same penalties and
    10  having the same lien upon the property assessed as the general city  tax
    11  and as a part thereof.
    12    5.  Notice.  The  city  of  Syracuse  shall notify all owners or known
    13  interested parties of record of the placement of the code violations  on
    14  the  municipal tax levy as uncollected fines and penalties within thirty
    15  days of placement, pursuant to section three hundred eight of the  civil
    16  practice  law  and  rules. The notice shall include the date or dates of
    17  such violations, the description of the violations, the amount  owed,  a
    18  statement  detailing  the  foreclosure  process  that  will occur if the
    19  violations remain unpaid, the process to claim any surplus funds and the
    20  contact information  for  the  city's  office  in  charge  of  receiving
    21  payments.
    22    6.  Tax  year.  Any  unpaid code violations shall be placed on the tax
    23  roll the city of Syracuse is currently in and shall not be placed  on  a
    24  list, roll or levy of delinquent taxes.
    25    7.  Owner occupied. Notwithstanding any other applicable provisions of
    26  law, nothing in this section shall be applied to a residential  dwelling
    27  that is owner-occupied or is the primary residence of a homeowner.
    28    8.  Tenants.  Prior  to the placement of any property with unpaid code
    29  violations on the tax levy, the city of Syracuse shall develop a program
    30  to assist tenants residing in a dwelling at risk for tax foreclosure due
    31  to unpaid code violations. Such program shall include housing counseling
    32  assistance or other support in relocating the tenants to suitable  hous-
    33  ing prior to the tax foreclosure.
    34    9.  Payment plan.   Nothing in this section shall preclude an owner or
    35  landlord from entering into a payment plan with the city of Syracuse for
    36  past amounts due for code violations.
    37    10. Curing code violations. (a) If all of the violations for which the
    38  penalties, fees and costs have  been  assessed  are  cured,  removed  or
    39  corrected prior to the expiration of the period for redemption set forth
    40  by  the  city  of  Syracuse for the city's annual tax levy, the property
    41  shall be removed from the levy and auction and the balance of the amount
    42  owed shall be placed as a lien on the property  pursuant  to  applicable
    43  laws  for  debt collection and an action for foreclosure of the property
    44  shall not be maintained for the amount owed.
    45    (b) The determination of whether or not the code violations have  been
    46  cured  shall  be  made  by  the  city of Syracuse's enforcing officer in
    47  charge of ensuring compliance with  applicable  housing,  building,  and
    48  fire codes such as a code enforcement officer.  An appeal of this deter-
    49  mination  may  be  made  to  the city's zoning board of appeals or other
    50  local administrative body as provided for in local law. The final deter-
    51  mination made by the administrative body shall be reviewable pursuant to
    52  article seventy-eight of the civil practice law and rules.
    53    (c) This section shall not  be  applicable  to  any  cause  of  action
    54  brought  for  money due based on the curing of code violations under any
    55  form for receivership or a mechanics lien.
        A. 416--A                           3
 
     1    11. Payment prior to  auction.  (a)  If  the  balance  owed  for  code
     2  violations placed on the tax levy is paid prior to the expiration of the
     3  period  for  redemption set forth by the city of Syracuse for the city's
     4  annual tax levy and there is no balance due  for  unpaid  real  property
     5  taxes,  the  property  may  not  be auctioned, and the property shall be
     6  removed from the tax levy.
     7    (b) The owner shall have the right to pay the full  balance  prior  to
     8  the  expiration  of  the  period for redemption set forth by the city of
     9  Syracuse for the city's annual tax levy in order to redeem the property.
    10    12. Surplus. Any surplus funds remaining after the sale of a  property
    11  at a tax foreclosure for unpaid code violations shall be returned to the
    12  former owner of the property in a manner provided under local law.  This
    13  provision  shall  not apply to a sale of a property at a tax foreclosure
    14  due to unpaid taxes. If a property has both unpaid taxes and unpaid code
    15  violations on the same tax levy and is auctioned at  a  tax  foreclosure
    16  the  amount  of  the surplus funds returned to the former owner shall be
    17  proportionate to the amount of unpaid code violations owed in the  total
    18  amount  of  debt  owed to the city of Syracuse.  For the purpose of this
    19  section, "surplus funds" shall mean the balance of money received  after
    20  auction  of  a  property at a tax foreclosure sale minus the amount owed
    21  for code violations and the costs and attorneys' fees  incurred  in  the
    22  collection of the fees by the city.
    23    13.  Balance  due.  If  after  an  auction  a  balance is due for code
    24  violations, the city of Syracuse may proceed with any action against the
    25  former owner pursuant to applicable laws.
    26    14. Exclusions. The provisions of this section shall not apply if  the
    27  city of Syracuse sells their tax liens in a tax lien sale.
    28    § 2. This act shall take effect immediately.