Bill Text: NY S09047 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the offering of installment payment plans for tax delinquent property in the city of Mount Vernon, subject to a first payment equal to at least ten percent of delinquent taxes, assessments or other legal charges, and subject to specific periods of duration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-15 - ADVANCED TO THIRD READING [S09047 Detail]

Download: New_York-2023-S09047-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9047

                    IN SENATE

                                     April 11, 2024
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cities 2

        AN ACT to amend chapter 783 of the laws of 1974, relating to authorizing
          the common council of the city of Mount Vernon to adopt by  local  law
          provisions relating to the commencement of a foreclosure in rem by the
          city of Mount Vernon where the payment of taxes, assessments and other
          charges are in arrears for a period of time in excess of two years, in
          relation  to  the offering of installment payment plans; and providing
          for the repeal of such provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  B of section 2 of chapter 783 of the laws of
     2  1974, relating to authorizing the common council of the  city  of  Mount
     3  Vernon  to adopt by local law provisions relating to the commencement of
     4  a foreclosure in rem by the city of Mount Vernon where  the  payment  of
     5  taxes, assessments and other charges are in arrears for a period of time
     6  in excess of two years, is amended to read as follows:
     7    B.  The  inadvertent omission of one or more parcels of tax delinquent
     8  property from said list shall not affect the validity of  this  proceed-
     9  ing.    Before  filing any list of parcels of property the city treasury
    10  with approval of the council may exclude particular  parcels  therefrom.
    11  The  city  treasurer  when  requesting  approval of the exclusion of any
    12  particular parcel shall state the reasons therefor in writing. No parcel
    13  shall be excluded from any such list  for  any  reason  other  than  the
    14  following:  (1)  that a meritorious question has been raised by a person
    15  having an interest in such parcel as to the validity  of  the  tax  lien
    16  affecting  such parcel, or (2) that the city treasurer before the effec-
    17  tive date hereof had agreed  to  accept  payment  of  delinquent  taxes,
    18  assessments  or other legal charges in installments of at least one year
    19  of such arrears with each year of current taxes,  assessments  or  other
    20  legal  charges, and that there has been no default in such agreement, or
    21  (3) that an agreement has been duly made and executed and filed with the
    22  city treasurer for the payment of such delinquent taxes, assessments  or
    23  other  legal  charges in installments, the first of which shall be in an

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14549-01-4
        S. 9047                             2

     1  amount equal to at least [twenty-five] ten  percentum  of  such  arrears
     2  payable upon the date of making and filing with the city treasurer of an
     3  installment  agreement,  and  the  balance  of which shall be in amounts
     4  equal  to  the  last one year of such arrears and payable with each year
     5  current taxes, assessments or other legal charges, and  that  there  has
     6  been  no  default in such agreement.  Such agreement shall be subject to
     7  the following periods of duration: (i) for seniors earning at  or  below
     8  forty  percent of the area median income for Westchester county, a maxi-
     9  mum period of ten years; (ii) for owners of residential real property, a
    10  maximum period of five years; and (iii) for all other property owners, a
    11  maximum period of three years. Such agreement shall provide  flexibility
    12  for payment in monthly or quarterly increments. Whenever the approval of
    13  such  exclusion  is  requested  of  the council the city treasurer shall
    14  transmit a list of all parcels which are affected  by  tax  liens  which
    15  shall  have  been unpaid for a period of at least two years and an addi-
    16  tional list which shall designate which of the parcels on the first list
    17  should be excluded. The council upon receipt of such lists shall cause a
    18  note of such receipt to be published in  its  official  proceedings  and
    19  referring  to  the  list  of  all  parcels by designating the particular
    20  sections or wards affected and printing the additional list  of  parcels
    21  which  should  be  excluded setting forth therein the sections or wards,
    22  lot number, street and street number, if there be such. The list  cover-
    23  ing  the  parcels  to be excluded shall set forth as to each such parcel
    24  the reason for such exclusion.  Such publication shall  also  contain  a
    25  general description of the boundaries of the sections or wards affected,
    26  but need not contain measurements or directions. An omission or error in
    27  the designation of a street or street number shall not affect the valid-
    28  ity  of any proceeding brought hereunder either as to such parcel or any
    29  other parcels.
    30    Such list of all parcels and  such  additional  list  designating  the
    31  parcel  to  be excluded from the first list shall not be approved at the
    32  meeting of the council at which they appear  on  the  calendar  for  the
    33  first time, nor shall the council approve the exclusion of any parcel at
    34  any  succeeding  meeting  unless  one week has elapsed after the meeting
    35  when such exclusion was first submitted for approval.  The  approval  of
    36  such  exclusion  by  the  council shall be by resolution recorded in its
    37  minutes stating the reason therefor. The list may consist of one or more
    38  volumes, serially numbered, and each volume of such list shall also have
    39  appended thereto a schedule setting forth the rate  or  rates  at  which
    40  interest  on  each  of  said  tax  liens set forth in said list shall be
    41  computed.
    42    § 2. This act shall take effect immediately;  provided,  however  that
    43  the  provisions  of this act shall expire ten years after such effective
    44  date when upon such date the provisions of  this  act  shall  be  deemed
    45  repealed.