S01864 Summary:
BILL NO | S01864 |
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SAME AS | SAME AS A04403 |
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SPONSOR | GAUGHRAN |
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COSPNSR | CARLUCCI, HELMING, PARKER |
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MLTSPNSR | |
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Amd §§1110 & 1122, add §1111-a, RPT L | |
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Relates to the redemption of real property subject to a delinquent tax lien. |
S01864 Actions:
BILL NO | S01864 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/16/2019 | REFERRED TO LOCAL GOVERNMENT | |||||||||||||||||||||||||||||||||||||||||||||||||
02/04/2019 | 1ST REPORT CAL.112 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/05/2019 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
02/11/2019 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2019 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2019 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
02/26/2019 | referred to real property taxation | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2019 | substituted for a4403 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2019 | ordered to third reading cal.407 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2019 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2019 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/17/2019 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/20/2019 | SIGNED CHAP.704 | |||||||||||||||||||||||||||||||||||||||||||||||||
12/23/2019 | APPROVAL MEMO.86 |
S01864 Committee Votes:
Go to topS01864 Floor Votes:
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
ER
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
ER
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
ER
Montesano
Yes
Rivera
Yes
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
ER
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
ER
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S01864 Memo:
Memo not availableGo to top
S01864 Text:
Go to top 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. LBD00466-02-9S. 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.
S01864 LFIN:
  | NO LFIN |