Bill Text: NY S00333 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Bronx to former owner St. Peter's Lutheran Church notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-17 - SIGNED CHAP.452 [S00333 Detail]

Download: New_York-2011-S00333-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          333
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
         printed to be committed 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 Bronx to former owner St. Peter's Lutheran Church, notwith-
         standing 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.  2285, Lot No. 73 on tax map for  the  borough  of
         Bronx
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Findings. On September 25, 1981, through a Bronx in rem tax
    2  foreclosure action, the city of New  York  acquired  title  to  premises
    3  designated  as  lot  73  in tax block 2285, also known as 431 East 140th
    4  Street, in the borough of Bronx, based on non-payment of  taxes  due  to
    5  inadvertence  by  St.  Peter's Lutheran Church, the former owner of such
    6  property. Pursuant to sections 11-424 and 11-424.1 of the administrative
    7  code of the city of New York, the city may release its interest in prop-
    8  erty thus acquired if an application for such a release  is  filed  with
    9  the  city's  department  of  citywide administrative services within two
   10  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  aforesaid  former  owner.  In  addition, since the New York city charter
   18  requires that the sale of city owned property be at public auction or by
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04177-01-1
       S. 333                              2
    1  sealed bids (except as otherwise provided  by  law),  state  legislative
    2  authorization is necessary to permit 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 2285, lot 73, on the tax map of the city for the borough of  Bronx
    8  as  said  map  was on September 25, 1981 to St. Peter's Lutheran Church,
    9  the former record owner of said property on such date.
   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 the gran-
   13  tees meeting the following conditions precedent:
   14    (a)  Submit  an application for release in writing to the city commis-
   15  sioner of citywide administrative services accompanied  by  a  certified
   16  title  search,  affidavit  of  ownership,  and  all fees and payments as
   17  otherwise required by section 11-424 of the administrative code  of  the
   18  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 2011 shall not be deemed  to  be  the
   24  chapter  upon the effectiveness of which paragraph 2 of subdivision a of
   25  section 11-424 of the administrative code of the city of New York, under
   26  local law, depends. Accordingly, the  provisions  of  such  paragraph  2
   27  shall  not  apply  to the release and reconveyance authorized to be made
   28  herein.
   29    S 5. This act shall take effect immediately.