STATE OF NEW YORK
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S. 6580 A. 8265
2017-2018 Regular Sessions
SENATE - ASSEMBLY
June 5, 2017
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IN SENATE -- Introduced by Sen. GALLIVAN -- read twice and ordered
printed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. KEARNS -- read once and referred
to the Committee on Judiciary
AN ACT to amend the Erie county tax act, in relation to decreasing the
time a vacant property may sit in foreclosure in Erie county
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9-1.0 of chapter 812 of the laws of 1942, consti-
2 tuting the Erie county tax act, is amended to read as follows:
3 § 9-1.0 When foreclosure may be taken. (a) Whenever a tax sale certif-
4 icate issued on any tax sale shall be outstanding, unredeemed and unpaid
5 for a period of not less than two years nor more than twenty-five years
6 after the issuance thereof and no conveyance has been taken thereunder,
7 the holder of such tax sale certificate, including the county of Erie,
8 may bring an action to recover the amount paid for such certificate with
9 all interest, penalties, additions and expenses as in this act provided.
10 For that purpose, such a holder may maintain an action in the supreme
11 court or in the county court of Erie county for the sale of the lands
12 affected by such certificate. Jurisdiction of such action is hereby
13 expressly conferred upon such county court.
14 (b) For real property that has been certified vacant and abandoned
15 pursuant to section thirteen hundred nine of the real property actions
16 and proceedings law, whenever a tax sale certificate issued on any tax
17 sale shall be outstanding, unredeemed and unpaid for a period of not
18 less than one year nor more than twenty-five years after the issuance
19 thereof and no conveyance has been taken thereunder, the holder of such
20 tax sale certificate, including the county of Erie, may bring an action
21 to recover the amount paid for such certificate with all interest,
22 penalties, additions and expenses as in this act provided. For that
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11980-01-7
S. 6580 2 A. 8265
1 purpose, such a holder may maintain an action in the supreme court or in
2 the county court of Erie county for the sale of the lands affected by
3 such certificate. Jurisdiction of such action is hereby expressly
4 conferred upon such county court.
5 § 2. This act shall take effect immediately.
