Bill Text: NY S09517 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits the town of Tuxedo to file liens on real property related to the towns sewage-works corporation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S09517 Detail]

Download: New_York-2023-S09517-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9517

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Corporations,  Authorities
          and Commissions

        AN ACT to amend the transportation corporations law and the lien law, in
          relation  to permitting the town of Tuxedo to file liens on real prop-
          erty related to the towns sewage-works corporation

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

     1    Section 1.  The transportation corporations law is amended by adding a
     2  new section 125 to read as follows:
     3    §  125.  Sewage-works  corporation liens. 1. (a) If there shall be any
     4  payments which are due to a sewage-works  corporation  in  the  town  of
     5  Tuxedo  from  a  homeowner owning real property serviced by such sewage-
     6  works corporation, which shall remain due and unpaid,  in  whole  or  in
     7  part,  for a period of one calendar year from the date of billing of the
     8  first missed payment, the same shall constitute a default and a lien may
     9  be placed on the property by the  sewage-works  corporation.  Such  lien
    10  shall  be  enforced under article three of the lien law. Such lien shall
    11  not have priority over any other security interest in the real property.
    12    2. Liens under this section shall  be  filed  and  recorded  with  the
    13  appropriate county municipal office handling such matters where the real
    14  property is located.
    15    3.  The  aggrieved party has one year from after the prescribed period
    16  of one calendar year to file a notice of lien for unpaid services. With-
    17  in ten days after filing of such notice the lienor shall service a  copy
    18  personally,  or  by  mail, upon the person with whom the unpaid services
    19  were provided to.
    20    § 2. The lien law is amended by adding a new section  66  to  read  as
    21  follows:
    22    § 66. Enforcement of sewage-works corporation lien on real property. A
    23  sewage-works  corporation  lien  by  a  sewage-works corporation located
    24  within the town of Tuxedo on real property may be enforced against  such
    25  property,  and  against a person liable for the debt upon which the lien
    26  is founded, by an action, by the lienor, the lienor's assignee or  legal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15366-01-4
        S. 9517                             2

     1  representative,  in  the  supreme  court  or in a county court otherwise
     2  having jurisdiction, regardless of the amount of such debt, so  long  as
     3  the  provisions in section one hundred twenty-five of the transportation
     4  corporations law are met.
     5    § 3. This act shall take effect immediately.