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S01864 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1864
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2019
                                       ___________
 
        Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government
 
        AN ACT to amend the real property tax law, in relation to the redemption
          of real property subject to a delinquent tax lien
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 1110 of the real property tax law,
     2  as  amended  by  chapter  532 of the laws of 1994, is amended to read as
     3  follows:
     4    2. The redemption period shall  expire  two  years  after  lien  date,
     5  except  that a tax district may increase the redemption period for resi-
     6  dential or farm property  in  the  manner  provided  by  section  eleven
     7  hundred eleven of this article, or a tax district may reduce the redemp-
     8  tion  period  for  residential vacant and abandoned property to one year
     9  provided the property has been placed on a vacant and abandoned roll, or
    10  registry or list prior to the date on which taxes become  delinquent  in
    11  the  local  municipality, pursuant to section eleven hundred eleven-a of
    12  this article.  Notwithstanding the foregoing, if  the  notice  published
    13  pursuant to section eleven hundred twenty-four of this article specifies
    14  a later date for the expiration of the redemption period, the redemption
    15  period shall expire on the date so specified.
    16    §  2.  The  real  property  tax law is amended by adding a new section
    17  1111-a to read as follows:
    18    § 1111-a. Expedited foreclosure proceedings for vacant  and  abandoned
    19  residential  real  property.  1.  Finding  of vacancy and abandonment by
    20  affidavit.  Except in cities with a population of one million  or  more,
    21  an  enforcing  officer or his or her agent may determine that a residen-
    22  tial real property is vacant and abandoned under  this  section.    Such
    23  property  may be subject to a redemption period of one year, only if the
    24  enforcing officer or his or her agent makes an affidavit to that  effect
    25  and  the property has been placed on a local municipal roll, registry or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00466-02-9
        S. 1864                             2
 
     1  list of vacant and abandoned property maintained by the  taxing  munici-
     2  pality.
     3    2.  Enforcing  officer.    (a) For purposes of this section "enforcing
     4  officer" shall mean the person employed by the municipality  to  enforce
     5  state and local land use regulations such as the New York State Property
     6  Maintenance  Code  or the New York State Uniform and Fire Prevention and
     7  Building Code, or his or her agent.
     8    (b) The enforcing officer or his or her agent must  conduct  at  least
     9  three  consecutive  inspections of residential real property believed to
    10  be vacant and abandoned, with each inspection occurring at least  thirty
    11  days apart and at different times of the day. The enforcing officer must
    12  include in his or her affidavit the dates and times of inspections and a
    13  statement that each inspection reasonably indicated that no occupant was
    14  present  and  that there was no evidence of occupancy on the property to
    15  indicate that any persons were residing there.
    16    (c)(1) For purposes of this subdivision, the "evidence of abandonment"
    17  that the enforcing officer or his or her  agent  considers  during  such
    18  consecutive  inspections  shall include but not be limited to any of the
    19  following conditions: (i) overgrown or dead vegetation; (ii) an  accumu-
    20  lation  of newspapers, circulars, flyers or mail; (iii) past due utility
    21  notices, disconnected utilities, or utilities not in use; (iv) an  accu-
    22  mulation  of  trash  refuse  or  other debris; (v) the absence of window
    23  coverings such as curtains, blinds, or shutters; (vi) one or more board-
    24  ed, missing or broken windows; (vii) that the property is open to casual
    25  entry or trespass; or (viii) that the property has a building or  struc-
    26  ture  that is or appears structurally unsound or has any other condition
    27  that presents a potential hazard or danger to the safety of persons.  At
    28  least  three separate reasonable indications of abandonment are required
    29  for a determination of abandonment by the enforcing officer  or  his  or
    30  her  agent  observed  on each of his or her consecutive inspections made
    31  pursuant to paragraph (b) of this subdivision. A listing  of  all  indi-
    32  cations  relied  on  shall  be  included in the affidavit along with the
    33  dates and times observed.
    34    (2) Residential real property shall not be deemed vacant and/or  aban-
    35  doned where such property is: (i) an unoccupied building which is under-
    36  going  construction,  renovation or rehabilitation that is proceeding to
    37  completion, and the building is in compliance with all applicable  ordi-
    38  nances,  codes,  regulations and statutes; (ii) a building occupied on a
    39  seasonal basis; (iii) a building  that  is  the  subject  of  a  probate
    40  action,  action to quiet title, or other similar ownership dispute; (iv)
    41  a building damaged by a natural disaster and one or more owners  intends
    42  to  repair and reoccupy the property; or (v) occupied by the taxpayer, a
    43  relative of the taxpayer or a tenant lawfully in possession.
    44    (d) The affidavit required by this subdivision shall include  language
    45  indicating  the  enforcing  officer  or  his  or her agent in his or her
    46  professional opinion has made  a  determination  that  the  property  is
    47  vacant and abandoned.
    48    3.  Notice.    (a)  The affidavit described in subdivision two of this
    49  section shall be served on the property  owner  or  owners  pursuant  to
    50  section  three  hundred eight of the civil practice law and rules within
    51  one week of having the enforcing officer's signature affixed to it.
    52    (b) The affidavit and copies of all attached  pictures,  exhibits  and
    53  other  supporting  documentation  shall  be  filed with the clerk of the
    54  town, village, or city in which the real property is located within  one
    55  week  of  having the enforcing officer's or his or her agent's signature
    56  affixed to it.
        S. 1864                             3
 
     1    4. Municipal roll of vacant and abandoned property.   (a)  All  taxing
     2  localities may maintain a roll of vacant and abandoned properties.  Such
     3  roll  must include the tax identification number of the lot, the name or
     4  names of known legal owners of the property, the date of the finding  of
     5  vacant  and  abandonment  pursuant to the enforcing officer's affidavit,
     6  and any other information the municipality deems necessary.
     7    (b) The roll of vacant and abandoned properties shall be  made  avail-
     8  able to the public.
     9    (c)  Upon  the placement of any property or lot on the roll, the clerk
    10  of the town, village or city in which the real property is located shall
    11  serve notice on the property owner or owners, pursuant to section  three
    12  hundred eight of the civil practice law and rules, that the property has
    13  been  placed  on  the  roll and the property may be subject to a reduced
    14  redemption period of one year if delinquent taxes become owing.
    15    (d) For purposes of this section  the  term  "roll"  shall  include  a
    16  registry or list of vacant and abandoned property.
    17    5.  Any  person  or persons, jointly or severably aggrieved under this
    18  section may apply to the supreme court for review  by  proceeding  under
    19  article seventy-eight of the civil practice law and rules. Such proceed-
    20  ing  must  be  instituted within four months of service of notice on the
    21  property owner.
    22    § 3. Subdivision 2 of section 1122 of the real property  tax  law,  as
    23  amended  by  chapter  532  of  the  laws  of 1994, is amended to read as
    24  follows:
    25    2. (a) In a tax district which has extended the redemption period  for
    26  residential  or farm property to three or four years, there may be sepa-
    27  rate lists for property identified as residential or farm  property  and
    28  for other property.
    29    (b)  In  a tax district which has a roll for vacant and abandoned real
    30  property pursuant to section eleven hundred  eleven-a  of  this  article
    31  there  may  be a separate roll, registry or list for property identified
    32  as vacant and abandoned real property.
    33    (c) In a tax district having a population of fifty  thousand  or  more
    34  according to the latest federal census, there may be a separate list for
    35  each  existing  geographical  area  such as a city, town, village, ward,
    36  section or other appropriate area bounded or defined by law.
    37    § 4. This act shall take effect on January 1,  2020.  Effective  imme-
    38  diately  the addition, amendment and/or repeal of any rule or regulation
    39  necessary for the implementation of this act on its effective  date  are
    40  authorized to be made and completed on or before such date.

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