Bill Text: NY A00608 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to establishing a new classification for properties held in condominium and cooperative form for assessment purposes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-06 - referred to real property taxation [A00608 Detail]
Download: New_York-2015-A00608-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 608 2015-2016 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2015 ___________ Introduced by M. of A. BRAUNSTEIN -- read once and referred to the Committee on Real Property Taxation AN ACT to amend the real property tax law, the administrative code of the city of New York and the New York city charter, in relation to establishing a new classification of properties for properties held in condominium and cooperative form for assessment purposes THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 1802 of the real property tax law, 2 as separately amended by chapters 123 and 529 of the laws of 1990, para- 3 graph class one as amended by chapter 332 of the laws of 2008, is 4 amended to read as follows: 5 1. All real property, for the purposes of this article, in a special 6 assessing unit shall be classified as follows: 7 Class one: (a) all one, two and three family residential real proper- 8 ty, including such dwellings used in part for nonresidential 9 purposes but which are used primarily for residential purposes, 10 except such property held in cooperative or condominium forms of 11 ownership other than (i) property defined in subparagraphs (b) 12 and (c) of this paragraph and (ii) property which contains no 13 more than three dwelling units held in condominium form of 14 ownership and which was classified within this class on a previ- 15 ous assessment roll; and provided that, notwithstanding the 16 provisions of paragraph (g) of subdivision twelve of section one 17 hundred two of this chapter, a mobile home or a trailer shall 18 not be classified within this class unless it is owner-occupied 19 and separately assessed; and (b) residential real property not 20 more than three stories in height held in condominium form of 21 ownership, provided that no dwelling unit therein previously was 22 on an assessment roll as a dwelling unit in other than condomin- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02346-01-5 A. 608 2 1 ium form of ownership; and (c) residential real property 2 consisting of one family house structures owned by the occupant, 3 situated on land held in cooperative ownership by owner occupi- 4 ers, provided that; (i) such house structures and land consti- 5 tuted bungalow colonies in existence prior to nineteen hundred 6 forty; and (ii) the land is held in cooperative ownership for 7 the sole purpose of maintaining one family residences for 8 members own use; and (d) all vacant land located within a 9 special assessing unit which is a city (i) other than such land 10 in the borough of Manhattan, provided that any such vacant land 11 which is not zoned residential must be situated immediately 12 adjacent to property improved with a residential structure as 13 defined in subparagraphs (a) and (b) of this paragraph, be owned 14 by the same owner as such immediately adjacent residential prop- 15 erty immediately prior to and since January 1, 1989, and have a 16 total area not exceeding 10,000 square feet; and (ii) located in 17 the borough of Manhattan north of or adjacent to the north side 18 of 110th street provided such vacant land was classified within 19 this class on the assessment roll with a taxable status date of 20 January 5, 2008 and the owner of such land has entered into a 21 recorded agreement with a governmental entity on or before 22 December 31, 2008 requiring construction of housing affordable 23 to persons or families of low income in accordance with the 24 provisions of the private housing finance law. Notwithstanding 25 the foregoing, such vacant land shall be classified according to 26 its use on the assessment roll with a taxable status date imme- 27 diately following commencement of construction, provided 28 further, that construction pursuant to an approved plan for 29 affordable housing shall commence no later than December 31, 30 2010; and (e) all vacant land located within a special assessing 31 unit which is not a city, provided that such vacant land which 32 is not zoned residential must be situated immediately adjacent 33 to real property defined in subparagraph (a), (b) or (c) of this 34 paragraph and be owned by the same person or persons who own the 35 real property defined in such subparagraph immediately prior to 36 and since January 1, 2003; 37 Class two: [all other] residential real property HELD IN COOPERATIVE 38 OR CONDOMINIUM FORM OF OWNERSHIP which is not designated as 39 class one[, except hotels and motels and other similar commer- 40 cial property]; 41 Class three: utility real property and property subject to former 42 section four hundred seventy of this chapter; 43 Class four: all other real property which is not designated as class 44 one, class two, [or] class three[.], OR CLASS FIVE; 45 CLASS FIVE: ALL OTHER RESIDENTIAL REAL PROPERTY WHICH IS NOT DESIG- 46 NATED AS CLASS ONE, EXCEPT HOTELS AND MOTELS AND OTHER SIMILAR 47 COMMERCIAL PROPERTY, OR CLASS TWO. 48 S 2. The opening paragraph of subdivision 2 of section 1805 of the 49 real property tax law, as amended by chapter 586 of the laws of 1992, is 50 amended to read as follows: 51 The assessment roll of a special assessing unit wholly contained with- 52 in a city shall identify those parcels classified in class two OR CLASS 53 FIVE which have fewer than eleven residential units. The assessor of any 54 such special assessing unit shall not increase the assessment of any 55 parcel so identified in any one year, as measured from the actual 56 assessment on the previous year's assessment roll, by more than eight A. 608 3 1 percent and shall not increase such assessment by more than thirty 2 percent in any five-year period. The first such five-year period shall 3 be measured from the individual assessment appearing on the assessment 4 roll completed in nineteen hundred eighty-one provided that, if such 5 parcel would not have been subject to the provisions of this subdivision 6 in nineteen hundred eighty-one had this subdivision then been in effect, 7 the first such five-year period shall be measured from the first year 8 after nineteen hundred eighty-one in which this subdivision applied to 9 such parcel or would have applied to such parcel had this subdivision 10 been in effect in such year. 11 S 3. Subdivision 6 of section 1805 of the real property tax law, as 12 added by chapter 711 of the laws of 2005, is amended to read as follows: 13 6. Notwithstanding any provision of law to the contrary, in any 14 special assessing unit wholly contained within a city, beginning with 15 the assessment roll completed in two thousand five and for each subse- 16 quent assessment roll, the assessor shall not increase the assessment of 17 any existing property classified in class two OR CLASS FIVE that has 18 fewer than eleven residential units, with respect to any increase in 19 value attributable to additions to or improvements of such property that 20 were not reflected on the assessment roll for a previous year, by more 21 than one-third of the amount that such assessment would increase, in the 22 absence of this subdivision, with respect to any increase in value 23 attributable to additions to or improvements of such property that were 24 not reflected on the assessment roll for a previous year. Notwithstand- 25 ing the provisions of subdivision five of this section, the remainder of 26 the increase in value attributable to such additions or improvements 27 that were not reflected on the assessment roll for a previous year shall 28 be subject to the limitations on increases provided in subdivision two 29 of this section. This subdivision shall not apply to the construction of 30 a new building or structure. This subdivision shall not apply where, as 31 a result of such additions to or improvements of the existing property 32 CLASSIFIED IN CLASS FIVE, there are more than ten residential units in 33 such property. 34 S 4. Paragraph (f) of subdivision 1 of section 467-a of the real prop- 35 erty tax law, as added by chapter 273 of the laws of 1996, is amended to 36 read as follows: 37 (f) "Property" means real property designated as class two, pursuant 38 to section eighteen hundred two of this chapter[, held in the cooper- 39 ative or condominium form of ownership]. 40 S 5. Subdivision 7 of section 499-aaa of the real property tax law, as 41 added by chapter 461 of the laws of 2008, is amended to read as follows: 42 7. "Eligible building" shall mean a class one, class two [or], class 43 four OR CLASS FIVE real property, as defined in subdivision one of 44 section eighteen hundred two of this chapter, located within a city 45 having a population of one million or more persons. No building shall be 46 eligible for more than one tax abatement pursuant to this title. 47 S 6. Subdivision 7 of section 499-aaaa of the real property tax law, 48 as added by chapter 473 of the laws of 2008, is amended to read as 49 follows: 50 7. "Eligible building" shall mean a class one, class two [or], class 51 four OR CLASS FIVE real property, as defined in subdivision one of 52 section eighteen hundred two of this chapter, located within a city 53 having a population of one million or more persons. No building shall be 54 eligible for more than one tax abatement pursuant to this title. A. 608 4 1 S 7. Paragraph (b) of subdivision 3 of section 522 of the real proper- 2 ty tax law, as added by chapter 714 of the laws of 1982, is amended to 3 read as follows: 4 (b) in a special assessing unit, the determination, pursuant to 5 section eighteen hundred two of this chapter, of whether real property 6 is included in class one, two, three [or], four OR FIVE. 7 S 8. Subdivision 10 of section 523-b of the real property tax law, as 8 added by chapter 593 of the laws of 1998, is amended to read as follows: 9 10. On or before April first, each year the commission shall mail to 10 each applicant, who has filed an application for the correction of the 11 assessment, a notice of the commission's determination of such appli- 12 cant's assessment. Such notice shall also contain the statement as to 13 the final determination of the assessment review commission, or a state- 14 ment that the commission has not yet made a determination as to the 15 final assessed valuation which shall be made as soon as the petitioners 16 application is reviewed or heard. If the applicants property is a prop- 17 erty defined in subdivision one of section eighteen hundred two of this 18 chapter as "Class 1", the commissions determination shall contain the 19 statement: "If you are dissatisfied with the determination of the 20 Assessment Review Commission and you are the owner of a one, two or 21 three family residential structure or residential real property not more 22 than three stories in height held in condominium form of ownership, 23 provided that no dwelling unit therein previously was on an assessment 24 roll as a dwelling unit in other than condominium form of ownership, and 25 you reside at such residence, you may seek judicial review of your 26 assessment either under title one of article seven of the real property 27 tax law or under small claims assessment review law provided by title 28 one-A of article seven of the real property tax law." Such notice shall 29 also state [that] the last date to file petitions for judicial review 30 and the location where small claims assessment review petitions may be 31 obtained. 32 Each applicant that has filed an application of a property as defined 33 in subdivision one of section eighteen hundred two of this chapter as 34 "Class 2", "Class 3" [or], "Class 4" OR "CLASS 5", shall receive a 35 notice as to the final determination of the assessment review commission 36 or a statement that the commission has not yet made a determination as 37 to the final assessed valuation which shall be made as soon as the peti- 38 tioners application is reviewed or heard. Such applicants determinations 39 shall contain the statement: "If you are dissatisfied with the determi- 40 nation of the Assessment Review Commission you may seek judicial review 41 of your assessment under title one of article seven of the real property 42 tax law." Such notice shall also state the last date to file petitions 43 for judicial review. A final determination when rendered shall contain 44 the same statement. Failure to mail any such notice or failure of the 45 applicant to receive the same shall not affect the validity of the 46 assessment. 47 S 9. Paragraph (b) of subdivision 3 of section 701 of the real proper- 48 ty tax law, as added by chapter 714 of the laws of 1982, is amended to 49 read as follows: 50 (b) In a special assessing unit, the determination, pursuant to 51 section eighteen hundred two of this chapter, of whether real property 52 is included in class one, two, three [or], four OR FIVE. 53 S 10. Subparagraph 2 of paragraph (a) of subdivision 3 of section 720 54 of the real property tax law, as amended by chapter 679 of the laws of 55 1986, is amended to read as follows: A. 608 5 1 (2) "Major type of property" in special assessing units, for assess- 2 ments on rolls completed after December thirty-first, nineteen hundred 3 eighty-one, shall mean classes one, two, three [and], four AND FIVE as 4 defined in subdivision one of section eighteen hundred two of this chap- 5 ter. 6 S 11. Subdivisions e and f of section 11-208.1 of the administrative 7 code of the city of New York, subdivision e as amended by local law 8 number 41 of the city of New York for the year 1986 and subdivision f as 9 amended by chapter 385 of the laws of 2006, are amended to read as 10 follows: 11 e. As used in this section, the term "income-producing property" means 12 property owned for the purpose of securing an income from the property 13 itself, but shall not include property with an assessed value of forty 14 thousand dollars or less, or residential property containing ten or 15 fewer dwelling units or property classified in class one [or], two OR 16 FIVE as defined in article eighteen of the real property tax law 17 containing six or fewer dwelling units and one retail store. 18 f. Except in accordance with proper judicial order or as otherwise 19 provided by law, it shall be unlawful for the commissioner, any officer 20 or employee of the department, the president or a commissioner or 21 employee of the tax commission, any person engaged or retained by the 22 department or the tax commission on an independent contract basis, or 23 any person, who, pursuant to this section, is permitted to inspect any 24 income and expense statement or to whom a copy, an abstract or a portion 25 of any such statement is furnished, to divulge or make known in any 26 manner except as provided in this subdivision, the amount of income 27 and/or expense or any particulars set forth or disclosed in any such 28 statement required under this section. The commissioner, the president 29 of the tax commission, or any commissioner or officer or employee of the 30 department or the tax commission charged with the custody of such state- 31 ments shall not be required to produce any income and expense statement 32 or evidence of anything contained in them in any action or proceeding in 33 any court, except on behalf of the department or the tax commission. 34 Nothing herein shall be construed to prohibit the delivery to an owner 35 or his or her duly authorized representative of a certified copy of any 36 statement filed by such owner pursuant to this section or to prohibit 37 the publication of statistics so classified as to prevent the identifi- 38 cation of particular statements and the items thereof, or making known 39 aggregate income and expense information disclosed with respect to prop- 40 erty classified as class four as defined in article eighteen of the real 41 property tax law without identifying information about individual leas- 42 es, or making known a range as determined by the commissioner within 43 which the income and expenses of a property classified as class two OR 44 CLASS FIVE falls, or the inspection by the legal representatives of the 45 department or of the tax commission of the statement of any owner who 46 shall bring an action to correct the assessment. Any violation of the 47 provisions of this subdivision shall be punished by a fine not exceeding 48 one thousand dollars or by imprisonment not exceeding one year, or both, 49 at the discretion of the court, and if the offender be an officer or 50 employee of the department or the tax commission, the offender shall be 51 dismissed from office. 52 S 12. Subdivisions a, a-1, a-2, a-3, a-4 and a-5 of section 11-319 of 53 the administrative code of the city of New York, subdivisions a, a-1, 54 a-2 and a-3 as amended and subdivisions a-4 and a-5 as added by local 55 law number 15 of the city of New York for the year 2011, are amended to 56 read as follows: A. 608 6 1 a. A tax lien or tax liens on a property or any component of the 2 amount thereof may be sold by the city as authorized by subdivision b of 3 this section, when such tax lien or tax liens shall have remained unpaid 4 in whole or in part for one year, provided, however, that a tax lien or 5 tax liens on any class one property or [on] class two property [that is 6 a residential condominium or residential cooperative], as such classes 7 of property are defined in subdivision one of section eighteen hundred 8 two of the real property tax law, may be sold by the city only when the 9 real property tax component of such tax lien or tax liens shall have 10 remained unpaid in whole or in part for three years or, in the case of 11 any class [two] FIVE residential property owned by a company organized 12 pursuant to article XI of the state private housing finance law [that is 13 not a residential condominium or a residential cooperative], as such 14 class of property is defined in subdivision one of section eighteen 15 hundred two of the real property tax law, for two years, and equals or 16 exceeds the sum of five thousand dollars or, in the case of abandoned 17 class one property [or], abandoned class two property [that is a resi- 18 dential condominium or residential cooperative], for eighteen months, 19 and after such sale, shall be transferred, in the manner provided by 20 this chapter, and provided, further, however, that (i) the real property 21 tax component of such tax lien may not be sold pursuant to this subdivi- 22 sion on any residential real property in class one that is receiving an 23 exemption pursuant to section 11-245.3 or 11-245.4 of this title, or 24 pursuant to section four hundred fifty-eight of the real property tax 25 law with respect to real property purchased with payments received as 26 prisoner of war compensation from the United States government, or 27 pursuant to paragraph (b) or (c) of subdivision two of section four 28 hundred fifty-eight-a of the real property tax law, or where the owner 29 of such residential real property in class one is receiving benefits in 30 accordance with department of finance memorandum 05-3, or any successor 31 memorandum thereto, relating to active duty military personnel, or where 32 the owner of such residential real property in class one has been 33 allowed a credit pursuant to subsection (e) of section six hundred six 34 of the tax law for the calendar year in which the date of the first 35 publication, pursuant to subdivision a of section 11-320 of this chap- 36 ter, of the notice of sale, occurs or for the calendar year immediately 37 preceding such date and (ii) the sewer rents component, sewer surcharges 38 component or water rents component of such tax lien may not be sold 39 pursuant to this subdivision on any one family residential real property 40 in class one or on any two or three family residential real property in 41 class one that is receiving an exemption pursuant to section 11-245.3 or 42 11-245.4 of this title, or pursuant to section four hundred fifty-eight 43 of the real property tax law with respect to real property purchased 44 with payments received as prisoner of war compensation from the United 45 States government, or pursuant to paragraph (b) or (c) of subdivision 46 two of section four hundred fifty-eight-a of the real property tax law, 47 or where the owner of any two or three family residential real property 48 in class one is receiving benefits in accordance with department of 49 finance memorandum 05-3, or any successor memorandum thereto, relating 50 to active duty military personnel, or where the owner of any two or 51 three family residential real property in class one has been allowed a 52 credit pursuant to subsection (e) of section six hundred six of the tax 53 law for the calendar year in which the date of the first publication, 54 pursuant to subdivision a of section 11-320 of this chapter, of the 55 notice of sale, occurs or for the calendar year immediately preceding 56 such date. A tax lien or tax liens on any property classified as a A. 608 7 1 [class two property, except a class two property that is a residential 2 condominium or residential cooperative, or a class two residential prop- 3 erty owned by a company organized pursuant to article XI of the state 4 private housing finance law that is not a residential condominium or a 5 residential cooperative, or] class three property, OR A CLASS FIVE PROP- 6 ERTY OWNED BY A COMPANY ORGANIZED PURSUANT TO ARTICLE XI OF THE STATE 7 PRIVATE HOUSING FINANCE LAW as such classes of property are defined in 8 subdivision one of section eighteen hundred two of the real property tax 9 law, shall not be sold by the city unless such tax lien or tax liens 10 include a real property tax component as of the date of the first publi- 11 cation, pursuant to subdivision a of section 11-320 of this chapter, of 12 the notice of sale. Notwithstanding any provision of this subdivision to 13 the contrary, any such tax lien or tax liens that remain unpaid in whole 14 or in part after such date may be sold regardless of whether such tax 15 lien or tax liens include a real property tax component. A tax lien or 16 tax liens on a property classified as a class four property, as such 17 class of property is defined in subdivision one of section eighteen 18 hundred two of the real property tax law, shall not be sold by the city 19 unless such tax lien or tax liens include a real property tax component 20 or sewer rents component or sewer surcharges component or water rents 21 component or emergency repair charges component, where such emergency 22 repair charges accrued on or after January first, two thousand six and 23 are made a lien pursuant to section 27-2144 of this code, as of the date 24 of the first publication, pursuant to subdivision a of section 11-320 of 25 this chapter, of the notice of sale, provided, however, that any tax 26 lien or tax liens that remain unpaid in whole or in part after such date 27 may be sold regardless of whether such tax lien or tax liens include a 28 real property tax component, sewer rents component, sewer surcharges 29 component, water rents component or emergency repair charges component. 30 For purposes of this subdivision, the words "real property tax" shall 31 not include an assessment or charge upon property imposed pursuant to 32 section 25-411 of [the administrative] THIS code. A sale of a tax lien 33 or tax liens shall include, in addition to such lien or liens that have 34 remained unpaid in whole or in part for one year, or, in the case of any 35 class one property or class two property [that is a residential condo- 36 minium or residential cooperative], when the real property tax component 37 of such lien or liens has remained unpaid in whole or in part for three 38 years, or, in the case of any class [two] FIVE residential property 39 owned by a company organized pursuant to article XI of the state private 40 housing finance law [that is not a residential condominium or a residen- 41 tial cooperative], when the real property tax component of such lien or 42 liens has remained unpaid in whole or in part for two years, and equals 43 or exceeds the sum of five thousand dollars, any taxes, assessments, 44 sewer rents, sewer surcharges, water rents, any other charges that are 45 made a lien subject to the provisions of this chapter, the costs of any 46 advertisements and notices given pursuant to this chapter, any other 47 charges that are due and payable, a surcharge pursuant to section 11-332 48 of this chapter, and interest and penalties thereon or such component of 49 the amount thereof as shall be determined by the commissioner of 50 finance. The commissioner of finance may promulgate rules defining 51 "abandoned" property, as such term is used in this subdivision. 52 a-1. A subsequent tax lien or tax liens on a property or any component 53 of the amount thereof may be sold by the city pursuant to this chapter, 54 provided, however, that notwithstanding any provision in this chapter to 55 the contrary, such tax lien or tax liens may be sold regardless of 56 whether such tax lien or tax liens have remained unpaid in whole or in A. 608 8 1 part for one year and, notwithstanding any provision in this chapter to 2 the contrary, in the case of any class one property or class two proper- 3 ty [that is a residential condominium or residential cooperative] or, 4 beginning January first, two thousand twelve, in the case of any class 5 [two] FIVE residential property owned by a company organized pursuant to 6 article XI of the state private housing finance law [that is not a resi- 7 dential condominium or a residential cooperative], such tax lien or tax 8 liens may be sold if the real property tax component of such tax lien or 9 tax liens has remained unpaid in whole or in part for one year, and 10 provided, further, however, that (i) the real property tax component of 11 such tax lien may not be sold pursuant to this subdivision on any resi- 12 dential real property in class one that is receiving an exemption pursu- 13 ant to section 11-245.3 or 11-245.4 of this title, or pursuant to 14 section four hundred fifty-eight of the real property tax law with 15 respect to real property purchased with payments received as prisoner of 16 war compensation from the United States government, or pursuant to para- 17 graph (b) or (c) of subdivision two of section four hundred 18 fifty-eight-a of the real property tax law, or where the owner of such 19 residential real property in class one is receiving benefits in accord- 20 ance with department of finance memorandum 05-3, or any successor memo- 21 randum thereto, relating to active duty military personnel, or where the 22 owner of such residential real property in class one has been allowed a 23 credit pursuant to subsection (e) of section six hundred six of the tax 24 law for the calendar year in which the date of the first publication, 25 pursuant to subdivision a of section 11-320 of this chapter, of the 26 notice of sale, occurs or for the calendar year immediately preceding 27 such date and (ii) the sewer rents component, sewer surcharges component 28 or water rents component of such tax lien may not be sold pursuant to 29 this subdivision on any one family residential real property in class 30 one or on any two or three family residential real property in class one 31 that is receiving an exemption pursuant to section 11-245.3 or 11-245.4 32 of this title, or pursuant to section four hundred fifty-eight of the 33 real property tax law with respect to real property purchased with 34 payments received as prisoner of war compensation from the United States 35 government, or pursuant to paragraph (b) or (c) of subdivision two of 36 section four hundred fifty-eight-a of the real property tax law, or 37 where the owner of any two or three family residential real property in 38 class one is receiving benefits in accordance with department of finance 39 memorandum 05-3, or any successor memorandum thereto, relating to active 40 duty military personnel, or where the owner of any two or three family 41 residential real property in class one has been allowed a credit pursu- 42 ant to subsection (e) of section six hundred six of the tax law for the 43 calendar year in which the date of the first publication, pursuant to 44 subdivision a of section 11-320 of this chapter, of the notice of sale, 45 occurs or for the calendar year immediately preceding such date. For 46 purposes of this subdivision, the term "subsequent tax lien or tax 47 liens" shall mean any tax lien or tax liens on property that become such 48 on or after the date of sale of any tax lien or tax liens on such prop- 49 erty that have been sold pursuant to this chapter, provided that the 50 prior tax lien or tax liens remain unpaid as of the date of the first 51 publication, pursuant to subdivision a of section 11-320 of this chap- 52 ter, of the notice of sale of the subsequent tax lien or tax liens. A 53 subsequent tax lien or tax liens on any property classified as a [class 54 two property, except a class two property that is a residential condo- 55 minium or residential cooperative, or a class two residential property 56 owned by a company organized pursuant to article XI of the state private A. 608 9 1 housing finance law that is not a residential condominium or a residen- 2 tial cooperative, or]class three property, OR A CLASS FIVE PROPERTY 3 OWNED BY A COMPANY ORGANIZED PURSUANT TO ARTICLE XI OF THE STATE PRIVATE 4 HOUSING FINANCE LAW, as such classes of property are defined in subdivi- 5 sion one of section eighteen hundred two of the real property tax law, 6 shall not be sold by the city unless such tax lien or tax liens include 7 a real property tax component as of the date of the first publication, 8 pursuant to subdivision a of section 11-320 of this chapter, of the 9 notice of sale. Notwithstanding any provision of this subdivision to the 10 contrary, any such tax lien or tax liens that remain unpaid in whole or 11 in part after such date may be sold regardless of whether such tax lien 12 or tax liens include a real property tax component. A subsequent tax 13 lien or tax liens on a property classified as a class four property, as 14 such class of property is defined in subdivision one of section eighteen 15 hundred two of the real property tax law, shall not be sold by the city 16 unless such tax lien or tax liens include a real property tax component 17 or sewer rents component or sewer surcharges component or water rents 18 component or emergency repair charges component, where such emergency 19 repair charges accrued on or after January first, two thousand six and 20 are made a lien pursuant to section 27-2144 of this code, as of the date 21 of the first publication, pursuant to subdivision a of section 11-320 of 22 this chapter, of the notice of sale, provided, however, that any tax 23 lien or tax liens that remain unpaid in whole or in part after such date 24 may be sold regardless of whether such tax lien or tax liens include a 25 real property tax component, sewer rents component, sewer surcharges 26 component, water rents component or emergency repair charges component. 27 For purposes of this subdivision, the words "real property tax" shall 28 not include an assessment or charge upon property imposed pursuant to 29 section 25-411 of [the administrative] THIS code. Nothing in this subdi- 30 vision shall be deemed to limit the rights conferred by section 11-332 31 of this chapter on the holder of a tax lien certificate with respect to 32 a subsequent tax lien. 33 a-2. In addition to any sale authorized pursuant to subdivision a or 34 subdivision a-1 of this section and notwithstanding any provision of 35 this chapter to the contrary, beginning on December first, two thousand 36 seven, the water rents, sewer rents and sewer surcharges components of 37 any tax lien on any class of real property, as such real property is 38 classified in subdivision one of section eighteen hundred two of the 39 real property tax law, may be sold by the city pursuant to this chapter, 40 where such water rents, sewer rents or sewer surcharges component of 41 such tax lien, as of the date of the first publication, pursuant to 42 subdivision a of section 11-320 of this chapter, of the notice of sale: 43 (i) shall have remained unpaid in whole or in part for one year and (ii) 44 equals or exceeds the sum of one thousand dollars or, beginning on March 45 first, two thousand eleven, in the case of any two or three family resi- 46 dential real property in class one, for one year, and equals or exceeds 47 the sum of two thousand dollars, or, beginning on January first, two 48 thousand twelve, in the case of any class [two] FIVE residential proper- 49 ty owned by a company organized pursuant to article XI of the state 50 private housing finance law [that is not a residential condominium or a 51 residential cooperative], as such class of property is defined in subdi- 52 vision one of section eighteen hundred two of the real property tax law, 53 for two years, and equals or exceeds the sum of five thousand dollars; 54 provided, however, that such water rents, sewer rents or sewer 55 surcharges component of such tax lien may not be sold pursuant to this 56 subdivision on any one family residential real property in class one or A. 608 10 1 on any two or three family residential real property in class one that 2 is receiving an exemption pursuant to section 11-245.3 or 11-245.4 of 3 this title, or pursuant to section four hundred fifty-eight of the real 4 property tax law with respect to real property purchased with payments 5 received as prisoner of war compensation from the United States govern- 6 ment, or pursuant to paragraph (b) or (c) of subdivision two of section 7 four hundred fifty-eight-a of the real property tax law, or where the 8 owner of any two or three family residential real property in class one 9 is receiving benefits in accordance with department of finance memoran- 10 dum 05-3, or any successor memorandum thereto, relating to active duty 11 military personnel, or where the owner of any two or three family resi- 12 dential real property in class one has been allowed a credit pursuant to 13 subsection (e) of section six hundred six of the tax law for the calen- 14 dar year in which the date of the first publication, pursuant to subdi- 15 vision a of section 11-320 of this chapter, of the notice of sale, 16 occurs or for the calendar year immediately preceding such date. After 17 such sale, any such water rents, sewer rents or sewer surcharges compo- 18 nent of such tax lien may be transferred in the manner provided by this 19 chapter. 20 a-3. In addition to any sale authorized pursuant to subdivision a or 21 subdivision a-1 of this section and notwithstanding any provision of 22 this chapter to the contrary, beginning on December first, two thousand 23 seven, a subsequent tax lien on any class of real property, as such real 24 property is classified in subdivision one of section eighteen hundred 25 two of the real property tax law, may be sold by the city pursuant to 26 this chapter, regardless of whether such subsequent tax lien, or any 27 component of the amount thereof, shall have remained unpaid in whole or 28 in part for one year, and regardless of whether such subsequent tax 29 lien, or any component of the amount thereof, equals or exceeds the sum 30 of one thousand dollars or beginning on March first, two thousand elev- 31 en, in the case of any two or three family residential real property in 32 class one, a subsequent tax lien on such property may be sold by the 33 city pursuant to this chapter, regardless of whether such subsequent tax 34 lien, or any component of the amount thereof, shall have remained unpaid 35 in whole or in part for one year, and regardless of whether such subse- 36 quent tax lien, or any component of the amount thereof, equals or 37 exceeds the sum of two thousand dollars, or, beginning on January first, 38 two thousand twelve, in the case of any class [two] FIVE residential 39 property owned by a company organized pursuant to article XI of the 40 state private housing finance law [that is not a residential condominium 41 or a residential cooperative], as such class of property is defined in 42 subdivision one of section eighteen hundred two of the real property tax 43 law, a subsequent tax lien on such property may be sold by the city 44 pursuant to this chapter, regardless of whether such subsequent tax 45 lien, or any component of the amount thereof, shall have remained unpaid 46 in whole or in part for two years, and regardless of whether such subse- 47 quent tax lien, or any component of the amount thereof, equals or 48 exceeds the sum of five thousand dollars; provided, however, that such 49 subsequent tax lien may not be sold pursuant to this subdivision on any 50 one family residential real property in class one or on any two or three 51 family residential real property in class one that is receiving an 52 exemption pursuant to section 11-245.3 or 11-245.4 of this title, or 53 pursuant to section four hundred fifty-eight of the real property tax 54 law with respect to real property purchased with payments received as 55 prisoner of war compensation from the United States government, or 56 pursuant to paragraph (b) or (c) of subdivision two of section four A. 608 11 1 hundred fifty-eight-a of the real property tax law, or where the owner 2 of any two or three family residential real property in class one is 3 receiving benefits in accordance with department of finance memorandum 4 05-3, or any successor memorandum thereto, relating to active duty mili- 5 tary personnel, or where the owner of any two or three family residen- 6 tial real property in class one has been allowed a credit pursuant to 7 subsection (e) of section six hundred six of the tax law for the calen- 8 dar year in which the date of the first publication, pursuant to subdi- 9 vision a of section 11-320 of this chapter, of the notice of sale, 10 occurs or for the calendar year immediately preceding such date. After 11 such sale, any such subsequent tax lien, or any component of the amount 12 thereof, may be transferred in the manner provided by this chapter. For 13 purposes of this subdivision, the term "subsequent tax lien" shall mean 14 the water rents, sewer rents or sewer surcharges component of any tax 15 lien on property that becomes such on or after the date of sale of any 16 water rents, sewer rents or sewer surcharges component of any tax lien 17 on such property that has been sold pursuant to this chapter, provided 18 that the prior tax lien remains unpaid as of the date of the first 19 publication, pursuant to subdivision a of section 11-320 of this chap- 20 ter, of the notice of sale of the subsequent tax lien. Nothing in this 21 subdivision shall be deemed to limit the rights conferred by section 22 11-332 of this chapter on the holder of a tax lien certificate with 23 respect to a subsequent tax lien. 24 a-4. In addition to any sale authorized pursuant to subdivision a, 25 a-1, a-2 or a-3 of this section and notwithstanding any provision of 26 this chapter to the contrary, beginning on March first, two thousand 27 eleven, the emergency repair charges component or alternative enforce- 28 ment expenses and fees component, where such emergency repair charges 29 accrued on or after January first, two thousand six and are made a lien 30 pursuant to section 27-2144 of this code, or where such alternative 31 enforcement expenses and fees are made a lien pursuant to section 32 27-2153 of this code, of any tax lien on any class of real property, as 33 such real property is defined in subdivision one of section eighteen 34 hundred two of the real property tax law, may be sold by the city pursu- 35 ant to this chapter, where such emergency repair charges component or 36 alternative enforcement expenses and fees component of such tax lien, as 37 of the date of the first publication, pursuant to subdivision a of 38 section 11-320 of this chapter, of the notice of sale: (i) shall have 39 remained unpaid in whole or in part for one year, and (ii) equals or 40 exceeds the sum of one thousand dollars or, beginning on January first, 41 two thousand twelve, in the case of any class [two] FIVE residential 42 property owned by a company organized pursuant to article XI of the 43 state private housing finance law [that is not a residential condominium 44 or a residential cooperative], as such class of property is defined in 45 subdivision one of section eighteen hundred two of the real property tax 46 law, for two years, and equals or exceeds the sum of five thousand 47 dollars; provided, however, that such emergency repair charges component 48 or alternative enforcement expenses and fees component of such tax lien 49 may not be sold pursuant to this subdivision on any one, two or three 50 family residential real property in class one, except a three family 51 residential property in class one where such property is subject to the 52 provisions of section 27-2153 of this code and is not the primary resi- 53 dence of the owner. After such sale, any such emergency repair charges 54 component or alternative enforcement expenses and fees component of such 55 tax lien may be transferred in the manner provided by this chapter. A. 608 12 1 a-5. In addition to any sale authorized pursuant to subdivision a, 2 a-1, a-2 or a-3 of this section and notwithstanding any provision of 3 this chapter to the contrary, beginning on March first, two thousand 4 eleven, a subsequent tax lien on any class of real property, or begin- 5 ning on January first, two thousand twelve in the case of any class 6 [two] FIVE residential property owned by a company organized pursuant to 7 article XI of the state private housing finance law [that is not a resi- 8 dential condominium or a residential cooperative], a subsequent tax lien 9 on such property, may be sold by the city pursuant to this chapter, 10 regardless of the length of time such subsequent tax lien, or any compo- 11 nent of the amount thereof, shall have remained unpaid, and regardless 12 of the amount of such subsequent tax lien. After such sale, any such 13 subsequent tax lien, or any component of the amount thereof, may be 14 transferred in the manner provided by this chapter. For purposes of this 15 subdivision, the term "subsequent tax lien" shall mean the emergency 16 repair charges component or alternative enforcement expenses and fees 17 component, where such emergency repair charges accrued on or after Janu- 18 ary first, two thousand six and are made a lien pursuant to section 19 27-2144 of this code, or where such alternative enforcement expenses and 20 fees are made a lien pursuant to section 27-2153 of this code, of any 21 tax lien on property that becomes such on or after the date of sale of 22 any emergency repair charges component or alternative enforcement 23 expenses and fees component, of any tax lien on such property that has 24 been sold pursuant to this chapter, provided that the prior tax lien 25 remains unpaid as of the date of the first publication, pursuant to 26 subdivision a of section 11-320 of this chapter, of the notice of sale 27 of the subsequent tax lien. Nothing in this subdivision shall be deemed 28 to limit the rights conferred by section 11-332 of this chapter on the 29 holder of a tax lien certificate with respect to a subsequent tax lien. 30 S 13. Subparagraph (i) of paragraph 2 of subdivision b and subpara- 31 graph (ii) of paragraph 1 of subdivision h of section 11-320 of the 32 administrative code of the city of New York, subparagraph (i) of para- 33 graph 2 of subdivision b as amended by local law number 147 of the city 34 of New York for the year 2013 and subparagraph (ii) of paragraph 1 of 35 subdivision h as added by local law number 15 of the city of New York 36 for the year 2011, are amended to read as follows: 37 (i) Such notices shall also include, with respect to any property 38 owner in class one [or], class two OR CLASS FIVE, as such classes of 39 property are defined in subdivision one of section eighteen hundred two 40 of the real property tax law, an exemption eligibility checklist. The 41 exemption eligibility checklist shall also be posted on the website of 42 the department no later than the first business day after March 43 fifteenth of every year prior to the date of sale, and shall continue to 44 be posted on such website until ten days prior to the date of sale. 45 Within ten business days of receipt of a completed exemption eligibility 46 checklist from such property owner, provided that such receipt occurs 47 prior to the date of sale of any tax lien or tax liens on his or her 48 property, the department of finance shall review such checklist to 49 determine, based on the information provided by the property owner, 50 whether such property owner could be eligible for any exemption, credit 51 or other benefit that would entitle them to be excluded from a tax lien 52 sale and, if the department determines that such property owner could be 53 eligible for any such exemption, credit or other benefit, shall mail 54 such property owner an application for the appropriate exemption, credit 55 or other benefit. If, within twenty business days of the date the 56 department mailed such application, the department has not received a A. 608 13 1 completed application from such property owner, the department shall 2 mail such property owner a second application, and shall telephone the 3 property owner, if the property owner has included his or her telephone 4 number on the exemption eligibility checklist. 5 (ii) all class [two] FIVE residential property owned by a company 6 organized pursuant to article XI of the state private housing finance 7 law [that is not a residential condominium or a residential cooperative] 8 on which any tax lien has been sold pursuant to subdivision a, a-2 or 9 a-4 of section 11-319 of this title. 10 S 14. Subdivision (a) of section 11-354 of the administrative code of 11 the city of New York, as amended by local law number 37 of the city of 12 New York for the year 1996, is amended to read as follows: 13 (a) Notwithstanding any other provision of law and notwithstanding any 14 omission to hold a tax lien sale, whenever any tax, assessment, sewer 15 rent, sewer surcharge, water rent, any charge that is made a lien 16 subject to the provisions of this chapter or chapter four of this title, 17 or interest and penalties thereon, has been due and unpaid for a period 18 of at least one year from the date on which the tax, assessment or other 19 legal charge represented thereby became a lien, or in the case of any 20 class one property or any class two property [that is a residential 21 condominium or residential cooperative], as such classes of property are 22 defined in subdivision one of section eighteen hundred two of the real 23 property tax law, or in the case of a CLASS FIVE PROPERTY THAT IS A 24 multiple dwelling owned by a company organized pursuant to article XI of 25 the private housing finance law with the consent and approval of the 26 department of housing preservation and development, for a period of at 27 least three years from the date on which the tax, assessment or other 28 legal charge became a lien, the city, as owner of a tax lien, may main- 29 tain an action in the supreme court to foreclose such lien. Such action 30 shall be governed by the procedures set forth in section 11-335 of this 31 chapter; provided, however, that such parcel shall only be sold to the 32 highest responsible bidder. Such purchaser shall be deemed qualified as 33 a responsible bidder pursuant to such criteria as are established in 34 rules promulgated by the commissioner of finance after consultation with 35 the commissioner of housing preservation and development. 36 S 15. Subdivision 3 and the opening paragraph of subdivision 4 of 37 section 11-401 of the administrative code of the city of New York, as 38 added by local law number 37 of the city of New York for the year 1996, 39 are amended to read as follows: 40 3. "Class." Any class of real property defined in subdivision one of 41 section eighteen hundred two of the real property tax law, and any 42 subclassification of class two OR CLASS FIVE real property where such 43 subclassification is established by rule of the commissioner of finance 44 promulgated pursuant to this subdivision. 45 Any parcel of class one [or], class two OR CLASS FIVE real property 46 that is subject to a tax lien or liens with a lien or liens to value 47 ratio, as determined by the commissioner of finance, equal to or greater 48 than fifteen percent and that meets one of the following two criteria: 49 S 16. Subdivisions a and b of section 11-401.1 of the administrative 50 code of the city of New York, as added by local law number 37 of the 51 city of New York for the year 1996, are amended to read as follows: 52 a. The commissioner of finance shall, not less than sixty days preced- 53 ing the date of the sale of a tax lien or tax liens, submit to the 54 commissioner of housing preservation and development a description by 55 block and lot, or by such other identification as the commissioner of 56 finance may deem appropriate, of any parcel of class one or class two A. 608 14 1 real property on which there is a tax lien that may be foreclosed by the 2 city. The commissioner of housing preservation and development shall 3 determine, and direct the commissioner of finance, not less than ten 4 days preceding the date of the sale of a tax lien or tax liens, whether 5 any such parcel is a distressed property as defined in subdivision four 6 of section 11-401 of this chapter. Any tax lien on a parcel so deter- 7 mined to be a distressed property shall not be included in such sale. In 8 connection with a subsequent sale of a tax lien or tax liens, the 9 commissioner of finance may, not less than sixty days preceding the date 10 of the sale, resubmit to the commissioner of housing preservation and 11 development a description by block and lot, or by such other identifica- 12 tion as the commissioner of finance may deem appropriate, of any parcel 13 of class one [or], class two OR CLASS FIVE real property that was previ- 14 ously determined to be a distressed property pursuant to this paragraph 15 and on which there is a tax lien that may be included in such sale. The 16 commissioner of housing preservation and development shall determine, 17 and direct the commissioner of finance, not less than ten days preceding 18 the date of the sale, whether such parcel remains a distressed property. 19 If the commissioner of housing preservation and development determines 20 that the parcel is not a distressed property, then the tax lien on the 21 parcel may be included in the sale. 22 b. The commissioner of housing preservation and development may peri- 23 odically review whether a parcel of class one [or], class two OR CLASS 24 FIVE real property that is subject to subdivision c of this section or 25 subdivision j of section 11-412.1 of this chapter remains a distressed 26 property. If the commissioner determines that the parcel is not a 27 distressed property as defined in subdivision four of section 11-401 of 28 this chapter, then the parcel shall not be subject to such subdivisions. 29 S 17. Subdivision b of section 11-404 of the administrative code of 30 the city of New York, as amended by local law number 37 of the city of 31 New York for the year 1996, is amended to read as follows: 32 b. A tax lien on any class one property or any class two property 33 [that is a residential condominium or residential cooperative], as such 34 classes of property are defined in subdivision one of section eighteen 35 hundred two of the real property tax law, and on any CLASS FIVE PROPERTY 36 THAT IS A multiple dwelling owned by a company organized pursuant to 37 article XI of the private housing finance law with the consent and 38 approval of the department of housing preservation and development, 39 shall not be foreclosed in the manner provided in this chapter until 40 such tax lien has been due and unpaid for a period of at least three 41 years from the date on which the tax, assessment or other legal charge 42 represented thereby became a lien. 43 S 18. Paragraph 5 of subdivision c of section 11-405 of the adminis- 44 trative code of the city of New York, as added by local law number 37 of 45 the city of New York for the year 1996, is amended to read as follows: 46 (5) Notwithstanding paragraph one, two or three of this subdivision, 47 with respect to installment agreements duly made, executed and filed on 48 or after the date on which this paragraph takes effect, the commissioner 49 of finance may also exclude or thereafter remove from such list any 50 parcel of class one [or], class two OR CLASS FIVE real property, other 51 than a parcel described in paragraph four of this subdivision, as to 52 which an agreement has been duly made, executed and filed with such 53 commissioner for the payment of the delinquent taxes, assessments or 54 other legal charges, and the interest and penalties thereon, in install- 55 ments. The first installment thereof shall be paid upon the filing of 56 the installment agreement with the commissioner and shall be in an A. 608 15 1 amount equal to not less than fifteen percent of the total amount of 2 such delinquent taxes, assessments or other legal charges and the inter- 3 est and penalties thereon. The remaining installments, which shall be 4 twice the number of unpaid quarters of real estate taxes or the equiv- 5 alent thereof, but which shall in no event exceed thirty-two in number, 6 shall be payable quarterly on the first days of July, October, January 7 and April. For the purposes of calculating the number of such remaining 8 installments, unpaid real estate taxes that are due and payable on other 9 than a quarterly basis shall be deemed to be payable on a quarterly 10 basis. 11 S 19. Subparagraph (iii) of paragraph 3 of subdivision i of section 12 11-409 of the administrative code of the city of New York, as added by 13 local law number 37 of the city of New York for the year 1996, is 14 amended to read as follows: 15 (iii) With respect to any parcel of class one [or], class two OR CLASS 16 FIVE real property, other than a parcel described in subparagraph (i) or 17 (ii) of this paragraph, such agreement shall provide for the payment in 18 installments of the delinquent taxes, assessments and other legal charg- 19 es, and the interest and penalties thereon, due and owing as of the date 20 on which such agreement is requested. The first installment thereof 21 shall be paid upon the filing of the installment agreement with the 22 commissioner of finance and shall be in an amount at least equal to, at 23 the applicant's election, either thirty-five percent or fifty percent of 24 the total amount of such delinquent taxes, assessments or other legal 25 charges and the interest and penalties thereon. The remaining install- 26 ments, which shall be twice the number of unpaid quarters of real estate 27 taxes or the equivalent thereof, but which shall in no event exceed 28 twenty in number, shall be payable quarterly on the first days of July, 29 October, January and April, together with interest at the rate or rates 30 determined as provided in subparagraph (iv) of this paragraph. For the 31 purposes of calculating the number of such remaining installments, 32 unpaid real estate taxes that are due and payable on other than a quar- 33 terly basis shall be deemed to be payable on a quarterly basis. 34 S 20. The section heading of section 11-412.1 of the administrative 35 code of the city of New York, as added by local law number 37 of the 36 city of New York for the year 1996, is amended to read as follows: 37 Special procedures relating to final judgment and release of class one 38 [and], class two OR CLASS FIVE real property. 39 S 21. Paragraph 1 of subdivision b, subdivisions c and d, paragraphs 1 40 and 4 of subdivision e, and subdivisions f, g, h, i and j of section 41 11-412.1 of the administrative code of the city of New York, as added by 42 local law number 37 of the city of New York for the year 1996, are 43 amended to read as follows: 44 (1) The court shall make a final judgment authorizing the award of 45 possession of any parcel of class one [or], class two OR CLASS FIVE real 46 property described in the list of delinquent taxes not redeemed or with- 47 drawn as provided in this chapter and as to which no answer is inter- 48 posed as provided herein, and authorizing the commissioner of finance to 49 prepare, execute and cause to be recorded a deed conveying either to the 50 city or to a third party deemed qualified and designated by the commis- 51 sioner of housing preservation and development full and complete title 52 to such lands. Any such conveyance to a third party shall be for an 53 existing use. 54 c. Following the expiration of the four-month period prescribed in 55 subdivision d of this section, but not more than eight months after the 56 date on which, pursuant to subdivision b of this section, the final A. 608 16 1 judgment authorizing the award of possession of a parcel of class one 2 [or], class two OR CLASS FIVE real property was entered, the commission- 3 er of finance may execute a deed, pursuant to subdivision b of this 4 section, with respect to such parcel. The owner of said parcel shall 5 continue to have all of the rights, liabilities, responsibilities, 6 duties and obligations of an owner of such parcel, including, but not 7 limited to, maintaining such parcel in compliance with the housing main- 8 tenance, building and fire codes, and all other applicable laws, unless 9 and until the commissioner of finance has prepared and executed a deed 10 conveying to the city or to a third party full and complete title to 11 such parcel. Upon the execution of such deed, the city or the third 12 party shall be seized of an estate in fee simple absolute in such land 13 and all persons, including the state of New York, infants, incompetents, 14 absentees and non-residents who may have had any right, title, interest, 15 claim, lien or equity of redemption in or upon such lands shall be 16 barred and forever foreclosed of all such right, title, interest, claim, 17 lien or equity of redemption, except as otherwise provided in subdivi- 18 sions e and f of this section. The appointment and tenure of receivers, 19 trustees or any other persons, including administrators under article 20 seven-A of the real property actions and proceedings law, appointed by 21 an order of a court to manage real property, shall terminate when title 22 to such property vests in the city or a third party pursuant to the 23 provisions of this chapter. After such termination, said receivers, 24 trustees or administrators shall be accountable to the courts that 25 appointed them for the faithful performance of their fiduciary obli- 26 gations during the term of their appointment and to the city or such 27 third party for any rents and income received by them for any period 28 subsequent to the date of the vesting of title in the city or such third 29 party. 30 If the city serves a tenant in possession of a dwelling unit with 31 notice of termination of tenancy on grounds other than nonpayment of 32 rent, the acceptance of rent for the first forty-five days after termi- 33 nation of tenancy by anyone other than an employee of the department 34 designated by the department to receive such rent shall not be deemed or 35 construed as a waiver of the city's right to initiate and prosecute a 36 proceeding to terminate the tenancy for good cause. 37 d. Within four months after the date on which, pursuant to subdivision 38 b of this section, the final judgment authorizing the award of 39 possession of a parcel of class one [or], class two OR CLASS FIVE real 40 property was entered, any person claiming to have an interest in such 41 parcel shall have the right to make a payment to the commissioner of 42 finance consisting of all taxes, assessments and other legal charges 43 owing on said parcel, the lawful interest thereon to the date of payment 44 and a penalty of five percent of said payment of taxes, assessments and 45 other legal charges and interest, which penalty may not exceed one thou- 46 sand dollars. Such payment shall be made in cash or by certified or bank 47 check. Within such four-month period, such interested person may also 48 request an installment agreement from the commissioner of finance. Such 49 agreement shall require, in addition to full payment of the penalty 50 specified in this subdivision at the time such agreement is entered 51 into, the payment at such time of a first installment equal to fifty 52 percent of all taxes, assessments and other legal charges, and the 53 lawful interest thereon, then owing on such parcel, and the payment of 54 the balance of such taxes, assessments and other legal charges and 55 interest in four equal quarterly installments together with all current 56 taxes, assessments and other legal charges that accrue during such peri- A. 608 17 1 od. Upon receipt of payment in full of the amount specified in the first 2 sentence of this subdivision, the commissioner of finance shall direct 3 the corporation counsel to prepare and cause to be entered an order 4 discontinuing the in rem tax foreclosure action as to said property, 5 cancelling the notice of pendency of such action as to said property and 6 vacating and setting aside the final judgment. Upon the execution of an 7 installment agreement and payment of the amounts due at the time such 8 agreement is executed as provided in this subdivision, the commissioner 9 of finance shall direct the corporation counsel to prepare and cause to 10 be entered an order vacating and setting aside the final judgment. The 11 entry of either such order shall restore all parties, including owners, 12 mortgagees and any and all lienors, receivers and administrators and 13 encumbrancers, to the status they held immediately before such final 14 judgment was entered. Where the commissioner of finance approves an 15 application requesting an installment agreement pursuant to this subdi- 16 vision, the order vacating and setting aside the final judgment shall 17 provide that in the event of any default as to the payment of either 18 quarterly installments or current taxes, assessments or other legal 19 charges during the term of such agreement, all payments under said 20 agreement shall be forfeited and the corporation counsel, immediately 21 upon notification by the commissioner of finance of such default, shall 22 cause to be entered as to such property a supplemental judgment of fore- 23 closure in the in rem action which authorizes the commissioner of 24 finance to prepare, execute and cause to be recorded a deed conveying 25 either to the city or to a third party full and complete title to such 26 lands. Upon the entry of such supplemental judgment, the provisions of 27 subdivisions c through i of this section shall apply in the same manner 28 as such subdivisions would have applied had no payment been made nor 29 installment agreement executed during the four-month period specified in 30 this subdivision. 31 1. If the commissioner of finance has prepared, executed and caused to 32 be recorded a deed conveying to the city full and complete title to a 33 parcel of class one [or], class two OR CLASS FIVE real property acquired 34 by in rem tax foreclosure, the city's interest in such parcel may be 35 released pursuant to this subdivision on the application of any party 36 who has an interest in said parcel as either owner, mortgagee, lienor, 37 or encumbrancer at the time of the city's acquisition thereof where such 38 application is made at any time up to sixteen months from the date on 39 which the deed by which the city acquired title to said parcel was 40 recorded. 41 4. The provisions contained in subdivision g of section 11-424 of this 42 chapter shall govern such an application, except as follows: 43 (a) where such provisions are inconsistent with the provisions 44 contained in this subdivision, the provisions contained in this subdivi- 45 sion shall govern such application; and 46 (b) where the in rem foreclosure release board denies a written 47 request for an installment agreement that was filed in connection with 48 an application for release of the city's interest in a parcel of class 49 one [or], class two OR CLASS FIVE real property and such application was 50 filed within thirty days of the date of the city's acquisition of the 51 property sought to be released, the board may, in its discretion, 52 authorize a release of the city's interest, provided that the applicant 53 thereafter pays all the amounts required to be paid pursuant to subdivi- 54 sion d of section 11-424 of this chapter within thirty days of the date 55 on which a letter requesting such payment is mailed or delivered to such 56 applicant. A. 608 18 1 f. If the commissioner of finance has prepared, executed and caused to 2 be recorded a deed conveying to the city full and complete title to a 3 parcel of class one [or], class two OR CLASS FIVE real property acquired 4 by in rem tax foreclosure and such parcel is entitled to an exemption 5 under any of the provisions of article four of the real property tax law 6 during all or part of the period covered by the tax items appearing on a 7 list of delinquent taxes, the owner of such parcel may apply for a 8 release of the city's interest in such exempt property under the 9 provisions of subdivision e of this section during the period of time 10 set forth in paragraph one of such subdivision and for an additional 11 period up to ten years from the date on which the deed by which the city 12 acquired title to said property was recorded. The application of such 13 owner shall be accompanied by the nonrefundable fee required by para- 14 graph four of subdivision b of section 11-424 of this chapter and shall 15 contain, in addition to the statements, searches and proofs required by 16 subdivision e of this section, a statement that an exemption under the 17 real property tax law is being claimed. Such application shall also 18 state either that it is accompanied by the written certificate of the 19 comptroller setting forth the precise period during which said property, 20 while owned by such application, and during the period after the city's 21 acquisition up to the date of the certificate if said property was still 22 being used for an exempt purpose after said acquisition, was entitled to 23 an exemption and the exact nature and extent of such exemption or that 24 an application for such written certificate has been filed with the 25 comptroller. On issuing such written certificate, the comptroller shall 26 cancel those tax items which have accrued during the period covered by 27 the certificate to the extent the applicant is entitled to an exemption 28 as set forth in the certificate. A release of the city's interest may be 29 authorized only at the discretion of the in rem foreclosure release 30 board and, except as otherwise provided in paragraph four of subdivision 31 e of this section, subject to all the restrictions set forth in subdivi- 32 sion g of section 11-424 of this chapter. A release to an exempt appli- 33 cant shall be effected only after said applicant has paid all of the 34 amounts required to be paid by subdivision d of section 11-424 of this 35 chapter, except for those tax items which have been canceled, in whole 36 or in part, pursuant to the comptroller's certificate, within thirty 37 days of the date on which the letter requesting payment is mailed or 38 delivered to the applicant. 39 g. If the commissioner of finance has prepared, executed and caused to 40 be recorded a deed conveying to the city or to a third party full and 41 complete title to a parcel of class one [or], class two OR CLASS FIVE 42 real property acquired by in rem tax foreclosure, the provisions 43 contained in subdivisions f and i of section 11-424 of this chapter for 44 the release of property so acquired shall not be available. If the 45 commissioner of finance has prepared, executed and caused to be recorded 46 a deed conveying to a third party full and complete title to a parcel of 47 class one or class two real property acquired by in rem tax foreclosure, 48 the provisions contained in subdivisions e and f of this section for the 49 release of property so acquired shall not be available. 50 h. Every deed given pursuant to the provisions of this section shall 51 be presumptive evidence that the action and all proceedings therein and 52 all proceedings prior thereto from and including the assessment of the 53 lands affected and all notices required by law were regular and in 54 accordance with all provisions of law relating thereto. After four 55 months from the date of entry of the final judgment authorizing the 56 award of possession of any parcel of class one [or], class two OR CLASS A. 608 19 1 FIVE real property pursuant to the provisions of this section, the 2 presumption shall be conclusive. No action to set aside such deed may be 3 maintained unless the action is commenced and a notice of pendency of 4 the action is filed in the office of the property county clerk prior to 5 the time that the presumption becomes conclusive as aforesaid. Should 6 any lawsuit or proceeding be commenced to set aside a deed conveying to 7 a third party a parcel of class one [or], class two OR CLASS FIVE real 8 property pursuant to the provisions of this section, such third party 9 shall send to the corporation counsel within ten days of their receipt a 10 copy of any papers served on such third party in such lawsuit or 11 proceeding. 12 i. If the commissioner of finance does not execute a deed conveying to 13 the city or to a third party a parcel of class one [or], class two OR 14 CLASS FIVE real property within eight months after the entry of final 15 judgment authorizing the award of possession of such parcel pursuant to 16 subdivision b of this section, the commissioner of finance shall direct 17 the corporation counsel to prepare and cause to be entered an order 18 discontinuing the in rem foreclosure action as to said property, cancel- 19 ing the notice of pendency of such action as to said property and vacat- 20 ing and setting aside said final judgment. The entry of such order shall 21 restore all parties, including owners, mortgagees and any and all 22 lienors, receivers and administrators and encumbrancers, to the status 23 they held immediately before such final judgment was entered. 24 j. If the commissioner of finance directs the corporation counsel, 25 pursuant to subdivision i of this section, to prepare and cause to be 26 entered an order discontinuing the in rem foreclosure action with 27 respect to a parcel of class one [or], class two OR CLASS FIVE real 28 property determined to be distressed pursuant to section 11-401.1 of 29 this chapter, the commissioner of housing preservation and development 30 shall evaluate the parcel determined to be distressed and take such 31 action as he or she deems appropriate under the programs, existing at 32 the time of such evaluation, that are designed to encourage the rehabil- 33 itation and preservation of existing housing, and shall monitor or cause 34 to be monitored the status of the property. The commissioner of housing 35 preservation and development shall maintain a register of properties 36 determined to be distressed. 37 S 22. Section 11-412.2 of the administrative code of the city of New 38 York, as added by local law number 37 of the city of New York for the 39 year 1996, is amended to read as follows: 40 S 11-412.2 Council review of conveyance to a third party. The commis- 41 sioner of finance shall, prior to the execution of a deed conveying full 42 and complete title of any parcel of class one [or], class two OR CLASS 43 FIVE real property to a third party pursuant to subdivision c of section 44 11-412.1 of this chapter, notify the council of the proposed conveyance. 45 Within forty-five days of such notification, the council may act by 46 local law disapproving the proposed conveyance. In the event the council 47 does not act by local law within such forty-five day period, the council 48 shall be deemed to have approved the proposed conveyance. During such 49 forty-five day period or, if the city council acts by local law pursuant 50 to this section, during the period of time from the notification of the 51 council to the presentation to the mayor of such local law and during 52 any additional period of time prescribed in section 37 of the charter, 53 the eight-month period provided in subdivisions c and i of section 54 11-412.1 of this chapter shall be tolled. A. 608 20 1 S 23. Paragraph 1 of subdivision a of section 163 of the New York city 2 charter, as amended by local law number 77 of the city of New York for 3 the year 1984, is amended to read as follows: 4 1. "Class designation" shall mean the determination, pursuant to 5 section eighteen hundred two of the real property tax law, of whether 6 real property is included in class one, two, three [or], four OR FIVE. 7 S 24. Paragraph 1 of subdivision a of section 164-b of the New York 8 city charter, as added by local law number 11 of the city of New York 9 for the year 1984, is amended to read as follows: 10 1. "Class designation" shall mean the determination, pursuant to arti- 11 cle eighteen of the real property tax law, of whether real property is 12 included in class one, two, three [or], four OR FIVE. 13 S 25. This act shall take effect on the first of January next succeed- 14 ing the date on which it shall have become a law and shall apply to 15 assessment rolls prepared pursuant to a taxable status date occurring on 16 or after such date; provided, however, that effective immediately, the 17 addition, amendment and/or repeal of any rule or regulation necessary 18 for the implementation of this act on its effective date are authorized 19 and directed to be made and completed on or before such effective date.