NY State Senate Bill 2009-S6225

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2010	referred to real property taxation delivered to assembly passed senate
Mar 25, 2010	advanced to third reading
Mar 24, 2010	2nd report cal.
Mar 23, 2010	1st report cal.291
Jan 06, 2010	referred to cities
Oct 14, 2009	referred to rules

Votes

- Apr 12, 2010 - Floor Vote
  S6225
  
  59
  
  Aye
  
  1
  
  Nay
  
  1
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 12, 2010
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Ranzenhofer
      
      absent (1)
      
      Flanagan
      
      excused (1)
      
      Morahan
  Mar 23, 2010 - Committee Vote
  S6225
  
  5
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 23, 2010
      
      aye (5)
      
      Huntley
      
      Lanza
      
      Oppenheimer
      
      Padavan
      
      Perkins

co-Sponsors

2009-S6225 (ACTIVE) - Details

See Assembly Version of this Bill:: A9460
Current Committee:: Assembly Real Property Taxation
Law Section:: General City Law
Laws Affected:: Add §21-a, Gen City L; amd §6, Chap 602 of 1993
Versions Introduced in Other Legislative Sessions:: 2011-2012: S612, A403
2013-2014: S2257, A1707
2015-2016: A729
2017-2018: A852
2019-2020: A3306
2021-2022: A33
2023-2024: A1634

2009-S6225 (ACTIVE) - Summary

Authorizes cities and villages to collect of delinquent real property taxes.

2009-S6225 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6225

 TITLE OF BILL :
An act to amend the general city law and chapter 602 of the laws of
1993 amending the real property tax law relating to the enforcement of
the collection of delinquent real property taxes and to the collection
of taxes by banks, in relation to the collection of delinquent real
property taxes and providing for the repeal of such provisions upon
expiration thereof


 PURPOSE :
The purpose of this bill is to expand the number of options available
to municipalities to efficiently and effectively manage the collection
of delinquent real property taxes and to provide protections to those
property owners that are subject to real property tax collections by
such municipalities or third parties.

 SUMMARY OF PROVISIONS :
Section 1: Adds a new General Cities Law section 21-a to expand the
sale of tax liens by municipalities in bulk to private parties.
permits municipalities, under certain conditions, to enter into a
contact to sell some or all of their delinquent tax liens to a private
party. The authority to enter into such contracts sunsets on December
31, 2013.

The bill provides for extensive consumer protections for affected
property owners that are subject to such municipal tax collection
efforts. Among the protections includes: a) a public hearing must be
held by the city and a local law adopted before such a procedure can
be initiated, b) prior to any sale, the city must hold a public
hearing announcing its intention to conduct a sale of its tax liens to
a third party. c) property owners must be given a 30 day notice before
such a tax lien sale, provided that if such notice is not provided,
that the sale is null and void. d) before commencing any foreclosure
proceeding by a third party, the city must be given notice of such
proceeding and may, at its own volition, re-purchase such tax liens to
stop the foreclosure proceeding. e) before commencing a third party
foreclosure proceeding, the real property owner must be given the
opportunity to establish a payment plan for a period not to exceed 48
months to repay the real property taxes due.  The third party lien
holder may not charge any other fees for executing such a payment
plan. f) once a third party tax lien foreclosure proceeding has been
started, it must be done the same way procedurally as any other tax
foreclosure proceeding initiated by a municipality.

Within 60 days after the annual anniversary of such bulk tax lien
sales auction, the city must prepare a report to ascertain the cost
effectiveness of such sale of tax liens, whether real property owners
experienced any difficulties with the foreclosure process, the number
of foreclosures, if any, the number of properties taken back by the
city to avoid a foreclosure action from proceeding, and any complaints
from the public about the conduct of any third party purchaser of a
city real property tax lien. Such report shall be forwarded to the
state comptroller for his or her review.

Section 2: Adds a new provision to Chapter 602 of the Laws of 1993 to
allow villages to conduct the same type of private sale of real
property tax liens as can be conducted by this State's cities provided
for in section 1 of this bill.

Section 3: After receiving individual reports from cities and villages
on the conduct of their sale of real property tax liens to private
parties, the State Comptroller shall prepare its own consolidated
report. This annual report shall look at the cost effectiveness of
this program to enhance municipal real property tax collections, the
amount of new revenue generated by this program minus the cost of its
operation, the number and severity of complaints about the foreclosure
process by the municipality or the third party lien holder, and any
items or suggestions that the State comptroller may have to increase
consumer protections to assist real property owners who have
delinquent tax liens pending to retain their real property.

 EXISTING LAW :
Under current state law and the municipal home rule laws governing
certain cities, the cities of Amsterdam, Gloversville, Schenectady and
Utica can conduct such tax lien sales to private parties, but without
many of the consumer protections incorporated in this law. Further,
the cites of Rochester and Syracuse can conduct such sales by their
own home rule authority. Further, the City of Buffalo is able to
conduct a similar program via an In Rem tax sale.  This bill expands
the number of cities and villages that can conduct such sales, but
with the added consumer protections provided in this bill.

 JUSTIFICATION :
Our State's cities and villages are under financial pressure to keep
expenses low and to raise additional revenue to overcome the economic
downturn that they are facing. This bill allows cities and villages
to, with the assistance of third parties, to conduct the sales of tax
liens so that such municipalities can in a more timely manner collect
overdue real property taxes that are due to them. This bill should
help cities and villages to raise additional tax revenue and place
delinquent properties back on the tax rolls. It is the sponsor's hope
that placing such properties back on the tax rolls will encourage
better utilization of such properties and upgrade any buildings
located on such property to maximize their use.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
This bill will improve the fiscal condition of any municipality that
exercises this new option to obtain cash from the sale Of delinquent
tax liens.

 EFFECTIVE DATE :
Expires January 31, 2014.

2009-S6225 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6225

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            October 14, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the general city law and chapter 602 of the laws of 1993
  amending the real property tax law relating to the enforcement of  the
  collection  of delinquent real property taxes and to the collection of
  taxes by banks, in relation to the collection of delinquent real prop-
  erty taxes and providing for the repeal of such provisions upon  expi-
  ration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general city law is amended by  adding  a  new  section
21-a to read as follows:
  S  21-A.  COLLECTION  OF  DELINQUENT  TAX LIENS.   NOTWITHSTANDING ANY
PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY AND UNTIL
DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, ANY CITY MAY ENTER INTO  A
CONTRACT  TO  SELL  SOME  OR  ALL OF THE DELINQUENT TAX LIENS HELD BY IT
WHICH  HAVE  BEEN  ATTACHED  TO  REAL  PROPERTY  ON  OR  BEFORE  JANUARY
THIRTY-FIRST,  TWO THOUSAND FOURTEEN, TO A PRIVATE PARTY, SUBJECT TO THE
FOLLOWING CONDITIONS:
  1. PRIOR TO ANY SALE, THE CITY COUNCIL SHALL HOLD A PUBLIC HEARING, ON
NOTICE OF AT LEAST FORTY-FIVE DAYS, ANNOUNCING THE INTENTION OF THE CITY
TO SELL ITS DELINQUENT REAL PROPERTY TAX LIENS TO A  THIRD  PARTY.  SUCH
HEARING SHALL NOT BE HELD MORE THAN NINETY DAYS PRIOR TO SUCH SALE.
  2.  UPON  THE  APPROVAL OF THE CITY COUNCIL AND BY ADOPTION OF A LOCAL
LAW, ANY CITY SHALL BE AUTHORIZED TO SELL DELINQUENT TAX LIENS  AND  THE
CONSIDERATION TO BE PAID MAY BE MORE OR LESS THAN THE FACE AMOUNT OF THE
TAX LIENS SOLD.
  3.  PROPERTY OWNERS SHALL BE GIVEN AT LEAST THIRTY DAYS ADVANCE NOTICE
OF SUCH SALE IN THE SAME FORM AND MANNER AS IS PROVIDED  BY  SUBDIVISION
TWO  OF  SECTION  ELEVEN  HUNDRED  NINETY  OF THE REAL PROPERTY TAX LAW.
FAILURE TO PROVIDE SUCH NOTICE  OR  THE  FAILURE  OF  THE  ADDRESSEE  TO
RECEIVE THE SAME SHALL INVALIDATE ANY SALE OF A TAX LIEN OR TAX LIENS.
  4.  THE  CITY  SHALL  SET  THE TERMS AND CONDITIONS OF THE CONTRACT OF
SALE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14787-02-9

S. 6225                             2

  5. THE TAX LIEN PURCHASER MUST, THIRTY DAYS PRIOR TO THE  COMMENCEMENT
OF  ANY  FORECLOSURE  ACTION,  PROVIDE TO THE CITY A LIST OF LIENS TO BE
FORECLOSED. THE CITY MAY, AT ITS SOLE OPTION AND DISCRETION,  REPURCHASE
A LIEN OR LIENS ON THE FORECLOSURE LIST FROM THE TAX LIEN PURCHASER. THE
REPURCHASE  PRICE  SHALL  BE  THE  AMOUNT  OF  THE LIEN OR LIENS AND MAY
INCLUDE ANY ACCRUED INTEREST AND  REASONABLE  AND  NECESSARY  COLLECTION
FEES  INCURRED  BY  THE TAX LIEN PURCHASER. THE TAX LIEN PURCHASER SHALL
PROVIDE THE FORECLOSURE LIST TO  THE  CITY  ALONG  WITH  THE  APPLICABLE
REPURCHASE  PRICE  OF  EACH  LIEN, BY CERTIFIED MAIL, AND THE CITY SHALL
HAVE THIRTY DAYS FROM RECEIPT TO NOTIFY THE TAX LIEN  PURCHASER  OF  ITS
OPTION  TO  PURCHASE  ONE  OR  MORE  OF  THE  LIENS. IF THE CITY OPTS TO
PURCHASE THE LIEN, IT  SHALL  PROVIDE  PAYMENT  WITHIN  THIRTY  DAYS  OF
RECEIPT OF THE REPURCHASE PRICE OF SAID LIEN OR LIENS. IF THE CITY SHALL
FAIL TO OPT TO REPURCHASE THE LIEN OR LIENS THE TAX LIEN PURCHASER SHALL
HAVE THE RIGHT TO COMMENCE A FORECLOSURE ACTION ONLY AFTER THE PURCHASER
HAS GIVEN WRITTEN NOTICE TO THE PROPERTY OWNER AT THE LAST KNOWN ADDRESS
AS  LISTED  ON  THE ASSESSMENT ROLL OF THE CITY THAT SAID PROPERTY OWNER
HAS THE RIGHT TO ENTER INTO A  PAYMENT  PLAN  OF  AT  LEAST  TWENTY-FOUR
MONTHS  BUT  NO  LONGER  THAN FORTY-EIGHT MONTHS TO REPAY THE TAX AMOUNT
OWED. THE TAX LIEN PURCHASER SHALL HAVE THE RIGHT  TO  CHARGE  THE  SAME
INTEREST  AS  WAS  ACCRUING  ON  THE  TAX LIEN CERTIFICATE. THE TAX LIEN
PURCHASER SHALL NOT BE ALLOWED TO CHARGE ANY OTHER FEES, COSTS OR CHARG-
ES EXCEPT THOSE EXPRESSLY ALLOWED HEREIN UNDER THIS SECTION.
  6. THE SALE OF A TAX LIEN PURSUANT TO THIS SECTION SHALL  NOT  OPERATE
TO  SHORTEN  THE  OTHERWISE  APPLICABLE  REDEMPTION PERIOD OR CHANGE THE
OTHERWISE APPLICABLE INTEREST RATE.
  7. UPON THE EXPIRATION OF THE REDEMPTION PERIOD PRESCRIBED BY LAW, THE
PURCHASER OF A DELINQUENT TAX LIEN, OR ITS SUCCESSORS  OR  ASSIGNS,  MAY
FORECLOSE THE LIEN AS IN AN ACTION AS PROVIDED IN SECTION ELEVEN HUNDRED
NINETY-FOUR  OF  THE REAL PROPERTY TAX LAW. THE PROCEDURE IN SUCH ACTION
SHALL BE THE SAME PROCEDURE AS PRESCRIBED BY  ARTICLE  THIRTEEN  OF  THE
REAL  PROPERTY  ACTIONS AND PROCEEDINGS LAW FOR THE FORECLOSURE OF MORT-
GAGES. AT ANY TIME FOLLOWING THE COMMENCEMENT OF AN ACTION TO  FORECLOSE
A  LIEN,  THE AMOUNT REQUIRED TO REDEEM THE LIEN, OR THE AMOUNT RECEIVED
UPON SALE OF A PROPERTY, MAY INCLUDE REASONABLE AND NECESSARY COLLECTION
COSTS AND LEGAL FEES.
  8. IN EACH YEAR SUBSEQUENT TO THE TAX LIEN  SALE,  AND  NO  MORE  THAN
SIXTY  DAYS  AFTER THE ANNUAL ANNIVERSARY OF SUCH SALE, THE CITY COUNCIL
OR THEIR DESIGNEE SHALL PREPARE A REPORT ON THE STATUS  AND  RESULTS  OF
SUCH SALE. SUCH REPORT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, INFOR-
MATION  ON  THE TOTAL DOLLAR AMOUNT RECEIVED BY THE MUNICIPALITY IN SUCH
SALE, THE NUMBER OF FORECLOSURES  CONDUCTED  BY  THE  THIRD  PARTY,  THE
NUMBER  OF PAYMENT PLANS ENTERED INTO BY TAXPAYERS AND THE STATUS THERE-
OF, THE NUMBER, IF ANY, OF COMPLAINTS ABOUT THE FORECLOSURE PROCESS, THE
NUMBER OF PROPERTIES TAKEN BACK BY THE CITY PURSUANT TO  THE  TERMS  AND
CONDITIONS  OF  THE  CONTRACT OF SALE, THE NUMBER, IF ANY, OF COMPLAINTS
RECEIVED BY THE CITY ON THE CONDUCT OF THE ACTIONS OF  THE  THIRD  PARTY
AND  ANY  OTHER INFORMATION THE CITY COUNCIL DEEMS NECESSARY AND PROPER.
SUCH REPORT SHALL BE FILED WITH THE STATE COMPTROLLER  FOR  HIS  OR  HER
REVIEW.  THE  STATE  COMPTROLLER  SHALL  ANNUALLY  PREPARE  A REPORT FOR
SUBMISSION TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE
SPEAKER  OF THE ASSEMBLY, AND TO THE RESPECTIVE MINORITY LEADERS IN BOTH
THE SENATE AND ASSEMBLY WHICH DETAILS THE EXPERIENCES OF ALL CITIES THAT
PARTICIPATED IN SUCH PROGRAM TO COLLECT DELINQUENT TAX LIENS AS PROVIDED
FOR IN SECTION THREE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  NINE
THAT ADDED THIS SECTION.

S. 6225                             3

  9. THE PROVISIONS OF TITLE FIVE OF ARTICLE ELEVEN OF THE REAL PROPERTY
TAX  LAW SHALL APPLY SO FAR AS IS PRACTICABLE TO A CONTRACT FOR THE SALE
OF TAX LIENS PURSUANT TO THIS SECTION.
  S  2.  Section  6 of chapter 602 of the laws of 1993 amending the real
property tax law relating to the enforcement of the collection of delin-
quent real property taxes and to the collection of taxes  by  banks,  is
amended by adding a new subdivision (d) to read as follows:
  (D) NOTWITHSTANDING ANY PROVISION OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO  THE CONTRARY AND UNTIL DECEMBER 31, 2013, ANY VILLAGE MAY ENTER INTO
A CONTRACT TO SELL SOME OR ALL OF THE DELINQUENT TAX LIENS  HELD  BY  IT
WHICH HAVE BEEN ATTACHED TO REAL PROPERTY ON OR BEFORE JANUARY 31, 2014,
TO A PRIVATE PARTY, SUBJECT TO THE FOLLOWING CONDITIONS:
  (1) PRIOR TO ANY SALE, THE BOARD OF TRUSTEES SHALL HOLD A PUBLIC HEAR-
ING,  ON  NOTICE  OF  AT  LEAST 45 DAYS, ANNOUNCING THE INTENTION OF THE
VILLAGE TO SELL ITS DELINQUENT REAL PROPERTY TAX LIENS TO A THIRD PARTY.
SUCH HEARING SHALL NOT BE HELD MORE THAN 90 DAYS PRIOR TO SUCH SALE.
  (2) UPON THE APPROVAL OF THE BOARD OF TRUSTEES AND BY  ADOPTION  OF  A
LOCAL  LAW,  THE  BOARD  SHALL AUTHORIZE THE SALE OF SAID DELINQUENT TAX
LIENS AND THE CONSIDERATION TO BE PAID MAY BE MORE OR LESS THAN THE FACE
AMOUNT OF THE TAX LIENS SOLD.
  (3) PROPERTY OWNERS SHALL BE GIVEN AT LEAST 30 DAYS ADVANCE NOTICE  OF
SUCH SALE IN THE SAME FORM AND MANNER AS IS PROVIDED BY SUBDIVISION 2 OF
SECTION  1190  OF  THE  REAL  PROPERTY  TAX LAW. FAILURE TO PROVIDE SUCH
NOTICE OR THE FAILURE OF THE ADDRESSEE TO RECEIVE THE SAME SHALL INVALI-
DATE ANY SALE OF A TAX LIEN OR TAX LIENS OR THE VALIDITY OF THE TAXES OR
INTEREST PRESCRIBED BY LAW WITH RESPECT THERETO.
  (4) THE VILLAGE SHALL SET THE TERMS AND CONDITIONS OF THE CONTRACT  OF
SALE.
  (5)  THE TAX LIEN PURCHASER MUST, 30 DAYS PRIOR TO THE COMMENCEMENT OF
ANY FORECLOSURE ACTION, PROVIDE TO THE VILLAGE A LIST  OF  LIENS  TO  BE
FORECLOSED.  THE  VILLAGE MAY, AT ITS SOLE OPTION AND DISCRETION, REPUR-
CHASE A LIEN OR LIENS ON THE FORECLOSURE LIST FROM THE TAX LIEN PURCHAS-
ER. THE REPURCHASE PRICE SHALL BE THE AMOUNT OF THE LIEN  OR  LIENS  AND
MAY INCLUDE ANY ACCRUED INTEREST AND REASONABLE AND NECESSARY COLLECTION
FEES  INCURRED  BY  THE TAX LIEN PURCHASER. THE TAX LIEN PURCHASER SHALL
PROVIDE THE FORECLOSURE LIST TO THE VILLAGE ALONG  WITH  THE  APPLICABLE
REPURCHASE  PRICE OF EACH LIEN, BY CERTIFIED MAIL, AND THE VILLAGE SHALL
HAVE 30 DAYS FROM RECEIPT TO NOTIFY THE TAX LIEN PURCHASER OF ITS OPTION
TO PURCHASE ONE OR MORE OF THE LIENS. IF THE VILLAGE  OPTS  TO  PURCHASE
THE  LIEN,  IT  SHALL  PROVIDE  PAYMENT WITHIN 30 DAYS OF RECEIPT OF THE
REPURCHASE PRICE OF SAID LIEN OR LIENS. IF THE VILLAGE SHALL FAIL TO OPT
TO REPURCHASE THE LIEN OR LIENS THE TAX LIEN PURCHASER  SHALL  HAVE  THE
RIGHT  TO  COMMENCE  A  FORECLOSURE  ACTION ONLY AFTER THE PURCHASER HAS
GIVEN WRITTEN NOTICE TO THE PROPERTY OWNER AT THE LAST KNOWN ADDRESS  AS
LISTED  ON  THE  ASSESSMENT ROLL OF THE VILLAGE THAT SAID PROPERTY OWNER
HAS THE RIGHT TO ENTER INTO A PAYMENT PLAN OF AT LEAST 24 MONTHS BUT  NO
LONGER  THAN  48  MONTHS  TO  REPAY  THE  TAX  AMOUNT OWED. THE TAX LIEN
PURCHASER SHALL HAVE THE RIGHT TO CHARGE THE SAME INTEREST AS WAS ACCRU-
ING ON THE TAX LIEN CERTIFICATE. THE TAX LIEN  PURCHASER  SHALL  NOT  BE
ALLOWED TO CHARGE ANY OTHER FEES, COSTS OR CHARGES EXCEPT THOSE EXPRESS-
LY ALLOWED HEREIN UNDER THIS SUBDIVISION.
  (6)  THE  SALE  OF  A  TAX LIEN PURSUANT TO THIS SUBDIVISION SHALL NOT
OPERATE TO SHORTEN THE OTHERWISE APPLICABLE REDEMPTION PERIOD OR  CHANGE
THE OTHERWISE APPLICABLE INTEREST RATE.
  (7)  UPON  THE  EXPIRATION OF THE REDEMPTION PERIOD PRESCRIBED BY LAW,
THE PURCHASER OF A DELINQUENT TAX LIEN, OR ITS  SUCCESSORS  OR  ASSIGNS,

S. 6225                             4

MAY  FORECLOSE  THE  LIEN AS IN AN ACTION AS PROVIDED IN SECTION 1194 OF
THE REAL PROPERTY TAX LAW. THE PROCEDURE IN SUCH  ACTION  SHALL  BE  THE
SAME  PROCEDURE AS PRESCRIBED BY ARTICLE 13 OF THE REAL PROPERTY ACTIONS
AND  PROCEEDINGS  LAW  FOR  THE  FORECLOSURE  OF  MORTGAGES. AT ANY TIME
FOLLOWING THE COMMENCEMENT OF AN ACTION TO FORECLOSE A LIEN, THE  AMOUNT
REQUIRED TO REDEEM THE LIEN, OR THE AMOUNT RECEIVED UPON SALE OF A PROP-
ERTY,  MAY  INCLUDE  REASONABLE AND NECESSARY COLLECTION COSTS AND LEGAL
FEES.
  (8) IN EACH YEAR SUBSEQUENT TO THE TAX LIEN SALE, AND NO MORE THAN  60
DAYS  AFTER  THE  ANNUAL  ANNIVERSARY  OF  SUCH  SALE, THE VILLAGE SHALL
PREPARE A REPORT ON THE STATUS AND RESULTS OF  SUCH  SALE.  SUCH  REPORT
SHALL  INCLUDE,  BUT  NEED  NOT  BE LIMITED TO, INFORMATION ON THE TOTAL
DOLLAR AMOUNT RECEIVED BY THE MUNICIPALITY IN SUCH SALE, THE  NUMBER  OF
FORECLOSURES  CONDUCTED  BY THE THIRD PARTY, THE NUMBER OF PAYMENT PLANS
ENTERED INTO BY THE TAXPAYERS AND THE STATUS  THEREOF,  THE  NUMBER,  IF
ANY,  OF COMPLAINTS ABOUT THE FORECLOSURE PROCESS, THE NUMBER OF PROPER-
TIES TAKEN BACK BY THE VILLAGE PURSUANT TO THE TERMS AND  CONDITIONS  OF
THE  CONTRACT OF SALE, THE NUMBER, IF ANY, OF COMPLAINTS RECEIVED BY THE
VILLAGE ON THE CONDUCT OF THE ACTIONS OF THE THIRD PARTY AND  ANY  OTHER
INFORMATION THE VILLAGE DEEMS NECESSARY AND PROPER. SUCH REPORT SHALL BE
FILED  WITH THE STATE COMPTROLLER FOR HIS OR HER REVIEW. THE STATE COMP-
TROLLER SHALL ANNUALLY PREPARE A REPORT FOR SUBMISSION TO THE  GOVERNOR,
THE  TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND
TO THE RESPECTIVE MINORITY LEADERS IN BOTH THE SENATE AND ASSEMBLY WHICH
DETAILS THE EXPERIENCES  OF  ALL  VILLAGES  THAT  PARTICIPATED  IN  SUCH
PROGRAM TO COLLECT DELINQUENT TAX LIENS AS PROVIDED FOR IN SECTION THREE
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINE THAT ADDED THIS SUBDIVI-
SION.
  (9)  THE  PROVISIONS OF TITLE 5 OF ARTICLE 11 OF THE REAL PROPERTY TAX
LAW SHALL APPLY SO FAR AS IS PRACTICABLE TO A CONTRACT FOR THE  SALE  OF
TAX LIENS PURSUANT TO THIS SUBDIVISION.
  S  3.  The  state  comptroller  in  preparing  its  annual report that
outlines the experiences of all cities and villages  that  have  partic-
ipated  in  a program to collect delinquent tax liens as provided for in
section 21-a of the general city law and subdivision (d) of section 6 of
chapter 602 of the laws of 1993, shall include the following information
as provided for in this section. Such report shall briefly  outline  the
reports  submitted  by all participating municipalities, the cost effec-
tiveness of such program to enhance real property tax  collections,  the
aggregate  amount of tax revenue collected minus expenses, the number of
foreclosures conducted by third parties, the  number  of  payment  plans
entered  into  by taxpayers, the number and severity of complaints about
the foreclosure process, the number of properties taken back by  partic-
ipating municipalities, any complaints received by participating munici-
palities  from  tax  lien  debtors and the general public, and any other
items or suggestions that the state comptroller  may  make  to  increase
consumer  protections to assist real property owners who have delinquent
tax liens pending to retain their real property. Such  report  shall  be
issued by the state comptroller by July first of each year.
  S  4.  This act shall take effect immediately and shall expire January
31, 2014 when upon such date the provisions of this act shall be  deemed
repealed.

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Senate Bill S6225

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Apr 12, 2010 - Floor Vote

Floor Vote: Apr 12, 2010

Mar 23, 2010 - Committee Vote

Committee Vote: Mar 23, 2010

co-Sponsors

2009-S6225 (ACTIVE) - Details

2009-S6225 (ACTIVE) - Summary

2009-S6225 (ACTIVE) - Sponsor Memo

2009-S6225 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6225

Share this bill

Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Joseph P. Addabbo Jr.

Craig M. Johnson

George Onorato

2009-S6225 (ACTIVE) - Details

2009-S6225 (ACTIVE) - Summary

2009-S6225 (ACTIVE) - Sponsor Memo

2009-S6225 (ACTIVE) - Bill Text download pdf

Comments