S T A T E O F N E W Y O R K
________________________________________________________________________
2961
2013-2014 Regular Sessions
I N A S S E M B L Y
January 22, 2013
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Cities
AN ACT authorizing the city of New York to reconvey its interest in
certain real property acquired by in rem tax foreclosure in the
borough of Manhattan to Debora Unger and Anthony Marcus, notwithstand-
ing expiration of the two year period within which application may be
made to the city to release its interest in property thus acquired;
Block No. 2074, Lot No. 15 and Block No. 1949, Lot No. 5 on the tax
map for the borough of Manhattan
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Findings. On May 25, 1978, through a Manhattan in rem tax
2 foreclosure action, the city of New York acquired title to premises
3 designated as lot no. 15 in tax block 2074, also known as 525 West 142nd
4 Street, in the borough of Manhattan, and lot no. 5 in tax block 1949,
5 also known as 361 West 122nd Street, in the borough of Manhattan, based
6 on non-payment of taxes due to inadvertence by Mary Weisstein, the
7 former owner of such property who is now deceased. Pursuant to sections
8 11-424 and 11-424.1 of the administrative code of the city of New York,
9 the city may release its interest in property thus acquired if an appli-
10 cation for such a release is filed with the department of citywide
11 administrative services within two years of the date on which the city's
12 deed is recorded and if such application is approved by the in rem fore-
13 closure release board. Since that period has now elapsed, and pending
14 the effectiveness of a chapter of the laws of 2013 authorizing the in
15 rem foreclosure release board to authorize the release of property where
16 an application for such release is made more than two years after the
17 date of the city's acquisition thereof, state legislation is necessary
18 to restore said property to the aforesaid former owner. In addition,
19 since the New York city charter requires that the sale of city owned
20 property be at public auction or by sealed bids (except as otherwise
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00587-01-3
A. 2961 2
1 provided by law), state legislative authorization is necessary to permit
2 said reconveyance.
3 S 2. Notwithstanding any other provision of general, special or local
4 law, charter or administrative code to the contrary and subject to
5 section three of this act, the city of New York is hereby authorized to
6 release its interest in and reconvey the real property designated as tax
7 block 2074, lot no. 15 and tax block 1949, lot no. 5 on the tax map of
8 the city for the borough of Manhattan as said map was on January 1,
9 1972, to Debora Unger and Anthony Marcus.
10 S 3. Such release and reconveyance may be made only upon the approval
11 of the in rem foreclosure release board established by section 11-424.1
12 of the administrative code of the city of New York, subject to Debora
13 Unger and Anthony Marcus meeting the following conditions precedent:
14 (a) Submit an application for release in writing to the city commis-
15 sioner of the department of citywide administrative services accompanied
16 by a certified title search, affidavit of ownership, and all fees and
17 payments as otherwise required by section 11-424 of the administrative
18 code of the city of New York.
19 (b) Pay all taxes, interest, penalties and charges otherwise required
20 by section 11-424 of the administrative code of the city of New York
21 upon approval of the application by the in rem foreclosure release
22 board.
23 S 4. This chapter of the laws of 2013 shall not be deemed to be the
24 chapter upon the effectiveness of which paragraph (2) of subdivision a
25 of section 11-424 of the administrative code of the city of New York,
26 under local law, depends. Accordingly, the provisions of such paragraph
27 (2) shall not apply to the release and reconveyance authorized to be
28 made herein.
29 S 5. This act shall take effect immediately.