Bill Text: NY A04843 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the city of New York to release its interest in certain real property to the person or persons who would have inherited said property from Enola Walker, notwithstanding the expiration of the two year period in which application may be made for such release.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to cities [A04843 Detail]

Download: New_York-2011-A04843-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4843
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       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 the person or persons who would have inherited
         said  property from former owner Enola Walker, deceased, 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. 1902, Lot No. 126 on the tax map for the borough of  Manhat-
         tan
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Findings. On February 5, 1993, through a Manhattan in  rem
    2  tax  foreclosure action, the city of New York acquired title to premises
    3  designated as lot no. 126 in tax block 1902,  also  known  as  107  West
    4  117th Street, in the borough of Manhattan, based on non-payment of taxes
    5  due  to  inadvertence by Enola Walker, the former owner of such property
    6  who is now deceased. Pursuant to sections 11-424  and  11-424.1  of  the
    7  administrative  code  of  the city of New York, the city may release its
    8  interest in property thus acquired if an application for such a  release
    9  is  filed with the department of citywide administrative services within
   10  two years of the date on which the city's deed is recorded and  if  such
   11  application  is approved by the in rem foreclosure release board.  Since
   12  that period has now elapsed, and pending the effectiveness of a  chapter
   13  of  the laws of 2011 authorizing the in rem foreclosure release board to
   14  authorize the release of property where an application for such  release
   15  is  made  more  than  two years after the date of the city's acquisition
   16  thereof, state legislation is necessary to restore said property to  the
   17  distributee  or distributees of the aforesaid former owner. In addition,
   18  since the New York city charter requires that the  sale  of  city  owned
   19  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.
                                                                  LBD08080-01-1
       A. 4843                             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 1902, lot no. 126 on the tax map of the city for  the  borough  of
    8  Manhattan  as  said map was on January 1, 1993, to the person or persons
    9  who would have legally inherited said real property from  Enola  Walker,
   10  deceased,  the  former  record owner of said property at the time of her
   11  demise.
   12    S 3. Such release and reconveyance may be made only upon the  approval
   13  of  the in rem foreclosure release board established by section 11-424.1
   14  of the administrative code of the city  of  New  York,  subject  to  the
   15  executrix  of the estate of the grantee meeting the following conditions
   16  precedent:
   17    (a) Submit an application for release in writing to the  city  commis-
   18  sioner of the department of citywide administrative services accompanied
   19  by  a  certified  title search, affidavit of ownership, and all fees and
   20  payments as otherwise required by section 11-424 of  the  administrative
   21  code of the city of New York.
   22    (b)  Pay all taxes, interest, penalties and charges otherwise required
   23  by section 11-424 of the administrative code of the  city  of  New  York
   24  upon  approval  of  the  application  by  the in rem foreclosure release
   25  board.
   26    S 4. This chapter of the laws of 2011 shall not be deemed  to  be  the
   27  chapter  upon  the effectiveness of which paragraph (2) of subdivision a
   28  of section 11-424 of the administrative code of the city  of  New  York,
   29  under  local law, depends. Accordingly, the provisions of such paragraph
   30  (2) shall not apply to the release and  reconveyance  authorized  to  be
   31  made herein.
   32    S 5.  This act shall take effect immediately.