Bill Text: NY A01724 | 2013-2014 | General Assembly | Introduced
Bill Title: Creates land banks for the acquisition of vacant and abandoned properties and authorizes the sale of such properties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to local governments [A01724 Detail]
Download: New_York-2013-A01724-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1724 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. HOOPER -- read once and referred to the Committee on Local Governments AN ACT to amend the county law and the New York state urban development corporation act, in relation to creating land banks for the acquisi- tion, management, planning and reuse of vacant and abandoned property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The county law is amended by adding a new section 55 to 2 read as follows: 3 S 55. AUTHORIZATION TO CREATE A LAND BANK. 1. AS USED IN THIS SECTION, 4 A "LAND BANK" IS A PUBLIC CORPORATION ESTABLISHED TO ASSIST OR ENGAGE IN 5 THE PROCESS OF THE EFFECTIVE CONVERSION OF VACANT, ABANDONED AND 6 TAX-DELINQUENT PROPERTIES TO PRODUCTIVE USE. VACANT AND/OR ABANDONED 7 PROPERTY SHALL BE DEEMED TO BE RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL 8 BUILDINGS AND EMPTY LOTS THAT EITHER THREATEN PUBLIC SAFETY INCLUDING 9 PUBLIC NUISANCES; AND/OR HAVE BEEN SUBJECT TO THE NEGLECT OF FUNDAMENTAL 10 DUTIES OF PROPERTY OWNERSHIP INCLUDING, BUT NOT LIMITED TO, FAILURE TO 11 PAY TAXES OR UTILITY BILLS, DEFAULTS ON MORTGAGES, AND LIENS AGAINST 12 PROPERTY. SUCH PROCESS MAY, CONSISTENT WITH MUNICIPAL LAND USE AND STRA- 13 TEGIC PLANS INCLUDE, BUT NEED NOT BE LIMITED TO, ACQUISITION OF LAND, 14 LEASING AND SALES OF LAND AND STRUCTURES, EXPEDITED FORECLOSURE AND 15 TITLE CLEARANCE, ADMINISTRATION, INVENTORY AND ASSESSMENT OF EXISTING 16 PARCELS AND STRUCTURES, PLANNING FOR REUSE CONSISTENT WITH LOCAL PLANS 17 AND REINVESTMENT STRATEGIES, PROPERTY MAINTENANCE, REHABILITATION AND 18 MANAGEMENT, DEMOLITION, DISASSEMBLY AND SALVAGE AND PROVIDING FOR 19 ASSISTANCE FOR NONPROFIT ORGANIZATIONS INVOLVED IN THE REHABILITATION 20 AND REDEVELOPMENT OF PROPERTIES. 21 2. THE LEGISLATIVE BODY OF ANY COUNTY MAY ADOPT A RESOLUTION CALLING 22 UPON THE STATE URBAN DEVELOPMENT CORPORATION TO ESTABLISH A SUBSIDIARY 23 CORPORATION TO PERFORM THE FUNCTIONS OF A LAND BANK PURSUANT TO SECTION EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05699-01-3 A. 1724 2 1 TWELVE OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT. WHEN 2 AUTHORIZED BY RESOLUTION OF A COUNTY LEGISLATIVE BODY, THE MUNICIPALITY 3 MAY TRANSFER VACANT AND/OR ABANDONED PROPERTY TO SUCH A LAND BANK CORPO- 4 RATION OPERATING WITHIN ITS JURISDICTION. 5 S 2. Section 3 of section 1 of chapter 174 of the laws of 1968, 6 constituting the New York state urban development corporation act, is 7 amended by adding a new subdivision 31 to read as follows: 8 (31) "LAND BANK" IS A PUBLIC CORPORATION ESTABLISHED TO ASSIST OR 9 ENGAGE IN THE PROCESS OF THE EFFECTIVE CONVERSION OF VACANT, ABANDONED 10 AND TAX-DELINQUENT PROPERTIES TO PRODUCTIVE USE. VACANT AND/OR ABANDONED 11 PROPERTY SHALL BE DEEMED TO BE RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL 12 BUILDINGS AND EMPTY LOTS THAT EITHER THREATEN PUBLIC SAFETY INCLUDING 13 PUBLIC NUISANCES; AND/OR HAVE BEEN SUBJECT TO THE NEGLECT OF FUNDAMENTAL 14 DUTIES OF PROPERTY OWNERSHIP INCLUDING BUT NOT LIMITED TO FAILURE TO PAY 15 TAXES OR UTILITY BILLS, DEFAULTS ON MORTGAGES, AND LIENS AGAINST PROPER- 16 TY. SUCH PROCESS MAY, CONSISTENT WITH MUNICIPAL LAND USE AND STRATEGIC 17 PLANS, INCLUDE, BUT NEED NOT BE LIMITED TO ACQUISITION OF LAND, LEASING 18 AND SALES OF LAND AND STRUCTURES, EXPEDITED FORECLOSURE AND TITLE CLEAR- 19 ANCE, ADMINISTRATION, INVENTORY AND ASSESSMENT OF EXISTING PARCELS AND 20 STRUCTURES, PLANNING FOR REUSE CONSISTENT WITH LOCAL PLANS AND REIN- 21 VESTMENT STRATEGIES, PROPERTY MAINTENANCE, REHABILITATION AND MANAGE- 22 MENT, DEMOLITION, DISASSEMBLY AND SALVAGE AND PROVIDING FOR ASSISTANCE 23 FOR NONPROFIT ORGANIZATIONS INVOLVED IN THE REHABILITATION AND REDEVEL- 24 OPMENT OF PROPERTIES. 25 S 3. Section 12 of section 1 of chapter 174 of the laws of 1968, 26 constituting the New York state urban development corporation act, is 27 amended by adding a new subdivision 1-a to read as follows: 28 (1-A) (A) UPON RECEIPT OF A RESOLUTION APPROVED BY A MAJORITY OF THE 29 LEGISLATIVE BODY OF ANY COUNTY, THE CORPORATION SHALL ESTABLISH A 30 SUBSIDIARY CORPORATION TO PERFORM THE FUNCTIONS OF A LAND BANK PURSUANT 31 TO SUBDIVISION THIRTY-ONE OF SECTION THREE OF THIS ACT. THE DIRECTORS OF 32 SUCH SUBSIDIARY SHALL INCLUDE TWO APPOINTEES BY BOTH THE CHIEF ELECTED 33 OFFICER AND LEGISLATIVE BODY OF THE COUNTY PETITIONING FOR THE CREATION 34 OF THE SUBSIDIARY CORPORATION. MEMBERS OF THE SUBSIDIARY SHALL BE 35 PERSONS WHO HAVE DEMONSTRATED SPECIAL INTEREST, EXPERIENCE, OR EDUCATION 36 IN URBAN AND/OR REGIONAL PLANNING, REAL ESTATE, COMMUNITY DEVELOPMENT, 37 NEIGHBORHOOD PRESERVATION, HISTORIC PRESERVATION, FINANCE OR RELATED 38 AREAS. THE CORPORATION MAY CONDITION THE CREATION OF A SUBSIDIARY LAND 39 BANK ON AN AGREEMENT FROM THE PETITIONING COUNTY TO DEED NOT LESS THAN 40 FIFTY PERCENT OF THE VACANT AND ABANDONED PROPERTY HELD BY THE MUNICI- 41 PALITY TO THE SUBSIDIARY LAND BANK. 42 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SUBSIDIARY LAND BANK 43 MAY INSTITUTE A PROCEEDING PURSUANT TO ARTICLE 19-A OF THE REAL PROPERTY 44 ACTIONS AND PROCEEDINGS LAW. 45 (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SUBSIDIARY LAND BANK 46 WITH AGREEMENT THEREFOR FROM THE COUNTY WHERE PROPERTY IS LOCATED, MAY 47 BORROW AGAINST FUTURE TAX REVENUE INCREASES. IN ADDITION, UPON RECEIVING 48 SUCH AGREEMENT A SUBSIDIARY LAND BANK MAY ALSO BORROW AGAINST FUTURE 49 SAVINGS ASSOCIATED WITH THE DECREASE IN COSTS ON A BLOCK OR MULTIPLE 50 BLOCKS CLEARED AND REVERTING TO GREEN SPACE. 51 (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A SUBSIDIARY LAND BANK 52 MAY, UPON SUCH TERMS AS IT DEEMS APPROPRIATE, CONVEY TITLE TO ANY PROP- 53 ERTY TO WHICH IT OBTAINS TITLE PURSUANT TO A PROCEEDING PURSUANT TO THE 54 PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION OR OF ARTICLE 19-A OF 55 THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW TO A PRIVATE PURCHASER 56 PROVIDED SUCH PURCHASER RESIDES AT THE PROPERTY AS HIS OR HER PRIMARY A. 1724 3 1 RESIDENCE FOR A PERIOD OF NO LESS THAN TWO YEARS. DURING THE INITIAL TWO 2 YEARS AFTER THE CONVEYANCE TO THE PRIVATE PURCHASER, THE PROPERTY SHALL 3 BE EXEMPT FROM AD VALOREM REAL ESTATE TAXES, PROVIDED THE PURCHASER 4 CONTINUES TO RESIDE AT THE PROPERTY AS PROVIDED IN THIS PARAGRAPH. 5 THEREAFTER, OR EARLIER IF THE PURCHASER CEASES TO RESIDE AT THE PROPERTY 6 AS HIS OR HER PRIMARY RESIDENCE, THE PROPERTY SHALL BE PLACED BACK ON 7 THE TAX ROLLS AND SHALL BE SUBJECT TO FULL TAXATION, UNLESS IT IS OTHER- 8 WISE ELIGIBLE FOR CREDITS AGAINST SUCH TAXATION. 9 S 4. This act shall take effect immediately.