Bill Text: NY A09256 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a civil penalty arising from a violation related to the condition or use of real property, which is assessed, levied, or results from a prosecution by a municipality, may be applied against the property at which the violation is found.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-07-15 - enacting clause stricken [A09256 Detail]

Download: New_York-2023-A09256-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9256

                   IN ASSEMBLY

                                    February 22, 2024
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Local Governments

        AN ACT to amend the general municipal law, in relation to  civil  penal-
          ties and fines related to conditions or uses of land

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

     1    Section 1. The general municipal law is amended by adding a new  arti-
     2  cle 7-B to read as follows:
     3                                  ARTICLE 7-B
     4       CIVIL PENALTIES AND FINES RELATED TO CONDITIONS OR USES OF LAND
     5  Section 150. In rem civil penalties and fines.
     6    §  150. In rem civil penalties and fines. 1. Any civil penalty arising
     7  from a violation related to the condition or use of real property, which
     8  civil penalty is assessed, levied, or results from a  prosecution  by  a
     9  municipality, may by declaration of the court or administrative tribunal
    10  adjudicating the civil penalty, in its determination or judgment assert-
    11  ing  such  penalty,  declare that the penalty may be applied against the
    12  property at which the violation is found, in rem, jointly and  severally
    13  with  any other person or entity liable for the penalty. Where the civil
    14  penalty is applied in rem, the owner of the property must be a party  to
    15  the proceeding adjudicating or assessing the civil penalty.
    16    2.  In addition to any other means of enforcement or collection of the
    17  civil penalty, any such civil penalty declared against a property may be
    18  enforced against the property in rem in an action against  the  property
    19  in  the  manner of collecting a debt; or in the alternative, be added to
    20  the tax levy of the property in the year following the  adjudication  of
    21  the fine.
    22    3. In any case where a town or village or other local government enti-
    23  ty has been credited for unpaid delinquent taxes by the county, pursuant
    24  to section nine hundred thirty-six of the real property tax law, for any
    25  amount  that  includes a civil penalty, and such civil penalty is subse-
    26  quently deemed invalid in whole or in part  for  any  reason,  then  the
    27  principal  amount  of  the civil penalty deemed to be invalid, plus such
    28  interest and penalties as may have accrued  on  such  principal  amount,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13775-01-3
        A. 9256                             2

     1  will  be  a charge by the county against the municipality or other local
     2  government entity.
     3    §  2.  This  act shall take effect on the ninetieth day after it shall
     4  have become a law.