S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1341--B A. 3753--B
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
January 28, 2009
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IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered
printed, and when printed to be committed to the Committee on Cities
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- read once and referred
to the Committee on Cities -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee
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 Brooklyn to former owner Chester Wilkins, notwithstanding
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. 1651, Lot No. 52 on tax map for the borough of Brooklyn
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Findings. On April 17, 1979, through a Brooklyn in rem tax
2 foreclosure action, the city of New York acquired title to premises
3 designated as lot 52 in tax block 1651, also known as 697A Jefferson
4 Avenue, in the borough of Brooklyn, based on non-payment of taxes due to
5 inadvertence by Chester Wilkins, the former owner of such property.
6 Pursuant to sections 11-424 and 11-424.1 of the administrative code of
7 the city of New York, the city may release its interest in property thus
8 acquired if an application for such a release is filed with the city's
9 department of citywide administrative services within two years of the
10 date on which the city's deed is recorded and if such application is
11 approved by the in rem foreclosure release board. Since that period has
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01868-03-9
S. 1341--B 2 A. 3753--B
1 now elapsed, and pending the effectiveness of a chapter of the laws of
2 2010 authorizing the in rem foreclosure release board to authorize the
3 release of property where an application for such release is made more
4 than two years after the date of the city's acquisition thereof, state
5 legislation is necessary to restore said property to the aforesaid
6 former owner. In addition, since the New York city charter requires that
7 the sale of city owned property be at public auction or by sealed bids
8 (except as otherwise provided by law), state legislative authorization
9 is necessary to permit said reconveyance.
10 S 2. Notwithstanding any other provision of general, special or local
11 law, charter or administrative code to the contrary and subject to
12 section three of this act, the city of New York is hereby authorized to
13 release its interest in and reconvey the real property designated as tax
14 block 1651, lot 52, on the tax map of the city for the borough of Brook-
15 lyn as said map was on April 17, 1979, to Chester Wilkins, the former
16 record owner of said property on such date.
17 S 3. Such release and reconveyance may be made only upon the approval
18 of the in rem foreclosure release board established by section 11-424.1
19 of the administrative code of the city of New York, subject to the gran-
20 tees meeting the following conditions precedent:
21 (a) Submit an application for release in writing to the city commis-
22 sioner of citywide administrative services accompanied by a certified
23 title search, affidavit of ownership, and all fees and payments as
24 otherwise required by section 11-424 of the administrative code of the
25 city of New York.
26 (b) Pay all taxes, interest, penalties and charges otherwise required
27 by section 11-424 of the administrative code of the city of New York
28 upon approval of the application by the in rem foreclosure release
29 board.
30 S 4. This chapter of the laws of 2010 shall not be deemed to be the
31 chapter upon the effectiveness of which paragraph 2 of subdivision a of
32 section 11-424 of the administrative code of the city of New York, under
33 local law, depends. Accordingly, the provisions of such paragraph 2
34 shall not apply to the release and reconveyance authorized to be made
35 herein.
36 S 5. This act shall take effect immediately.