Senate Bill S4229B

2015-2016 Legislative Session

Authorizes the city of Buffalo to add unpaid housing code violations to the city's annual tax levy

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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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Bill Amendments

2015-S4229 - Details

See Assembly Version of this Bill:
A6528
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Add §905, RPT L
Versions Introduced in 2017-2018 Legislative Session:
S7346, A10618

2015-S4229 - Summary

Authorizes the city of Buffalo to add unpaid housing code violations to the city's annual tax levy.

2015-S4229 - Sponsor Memo

2015-S4229 - Bill Text download pdf 

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

                                  4229

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  city  of  Buffalo to treat unpaid building code, property mainte-
  nance and nuisance fines as delinquent taxes and impose tax liens upon
  the real property which is the subject of such fines

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

  Section  1.    The  real  property  tax law is amended by adding a new
section 905 to read as follows:
  S 905. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES  IMPOSED
BY  THE  CITY OF BUFFALO. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, THE CITY OF BUFFALO, ACTING BY AND THROUGH ITS GOVERNING BODY,
MAY ENACT A LOCAL LAW, ORDINANCE OR RESOLUTION  PROVIDING  THAT  FINALLY
ADJUDICATED  FINES  IMPOSED  UPON  REAL  PROPERTY, OTHER THAN A PROPERTY
SERVING AS THE PRIMARY RESIDENCE OF ONE OR MORE OF THE  OWNERS  THEREOF,
FOR BUILDING CODE, PROPERTY MAINTENANCE AND NUISANCE VIOLATIONS SHALL BE
DEEMED  TO BE DELINQUENT TAXES IN ACCORDANCE WITH THE PROVISIONS OF THIS
SECTION. NO SUCH LAW, ORDINANCE OR RESOLUTION SHALL BE  DEEMED  TO  TAKE
EFFECT  UNTIL  IT  SHALL  HAVE  BEEN FILED WITH THE CLERK OF THE CITY OF
BUFFALO AND THE APPROPRIATE COLLECTING OFFICER.
  2. EVERY SUCH LOCAL LAW, ORDINANCE AND RESOLUTION  SHALL  ESTABLISH  A
PROCEDURE  FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER-
LYING CIRCUMSTANCES RELATING TO THE BUILDING CODE, PROPERTY  MAINTENANCE
OR  NUISANCE  VIOLATION,  AND  THE FINE TO BE IMPOSED IF THE COURT FINDS
THAT SUCH A VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY  OWNER  WHO
AFTER  BEING ADJUDGED TO HAVE COMMITTED A VIOLATION SHALL HAVE THE RIGHT
TO APPEAL SUCH JUDGEMENT.
  3. EVERY LOCAL LAW, ORDINANCE AND RESOLUTION ENACTED PURSUANT TO  THIS
SECTION  SHALL  PROVIDE  THAT  EACH  AFFECTED  PROPERTY  OWNER  SHALL BE
PROVIDED, BY THE CITY OF BUFFALO, WITH NOT LESS THAN  TEN  DAYS  WRITTEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-01-5

2015-S4229A - Details

See Assembly Version of this Bill:
A6528
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Add §905, RPT L
Versions Introduced in 2017-2018 Legislative Session:
S7346, A10618

2015-S4229A - Summary

Authorizes the city of Buffalo to add unpaid housing code violations to the city's annual tax levy.

2015-S4229A - Sponsor Memo

2015-S4229A - Bill Text download pdf 

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

                                 4229--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the real property tax law, in  relation  to  authorizing
  the  city  of  Buffalo to add unpaid housing code violation penalties,
  costs and fines to the city's  annual  tax  levy  in  accordance  with
  applicable law

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

  Section 1. The real property tax  law  is  amended  by  adding  a  new
section 905 to read as follows:
  S 905. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
IN  ADDITION  TO AND NOT IN LIMITATION OF ANY POWER OTHERWISE GRANTED BY
LAW, THE CITY OF BUFFALO IS HEREBY  AUTHORIZED  TO  COLLECT  ANY  UNPAID
HOUSING  CODE  VIOLATION PENALTIES, COSTS AND FINES THROUGH PLACEMENT BY
THE CITY'S COMMISSIONER OF FINANCE ON THE  CITY'S  ANNUAL  TAX  LEVY  IN
ACCORDANCE  WITH THE APPLICABLE PROVISIONS OF THE CITY'S TAX AND ASSESS-
MENT ACT (CHAPTER SEVENTY-FIVE OF THE LAWS OF NINETEEN HUNDRED  SIX,  AS
AMENDED).
  2. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON THE CITY'S ANNUAL TAX LEVY
SUCH UNPAID HOUSING CODE VIOLATION PENALTIES, COSTS AND FINES SHALL HAVE
BEEN  ADJUDICATED AND IMPOSED THROUGH A JUDGMENT IN A COURT OF COMPETENT
JURISDICTION ON AN OWNER OF REAL PROPERTY WITHIN THE CITY, AS  CERTIFIED
BY  THE  CITY'S  CORPORATION COUNSEL TO THE COMMISSIONER OF FINANCE, AND
HAVE REMAINED UNPAID FOR ONE YEAR PRECEDING THE PLACEMENT ON THE  CITY'S
TAX LEVY.
  3. SUCH HOUSING CODE VIOLATION PENALTY, COST OR FINE AS SET FORTH IN A
COPY OF THE JUDGMENT CERTIFIED BY THE CORPORATION COUNSEL TO THE COMMIS-
SIONER  OF  FINANCE  SHALL  BE SET DOWN IN THE ANNUAL TAX LEVY UNDER THE
HEADING UNCOLLECTED FINES AND PENALTIES AND SHALL  BE  LEVIED,  ENFORCED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-02-5

2015-S4229B (ACTIVE) - Details

See Assembly Version of this Bill:
A6528
Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Tax Law
Laws Affected:
Add §905, RPT L
Versions Introduced in 2017-2018 Legislative Session:
S7346, A10618

2015-S4229B (ACTIVE) - Summary

Authorizes the city of Buffalo to add unpaid housing code violations to the city's annual tax levy.

2015-S4229B (ACTIVE) - Sponsor Memo

2015-S4229B (ACTIVE) - Bill Text download pdf 

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

                                 4229--B
    Cal. No. 261

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Local
  Government in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT  to  amend the real property tax law, in relation to authorizing
  the city of Buffalo to add unpaid housing  code  violation  penalties,
  costs  and  fines  to  the  city's  annual tax levy in accordance with
  applicable law

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

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 905 to read as follows:
  S 905. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
IN ADDITION TO AND NOT IN LIMITATION OF ANY POWER OTHERWISE  GRANTED  BY
LAW,  THE  CITY  OF  BUFFALO  IS HEREBY AUTHORIZED TO COLLECT ANY UNPAID
HOUSING CODE VIOLATION PENALTIES, COSTS AND FINES THROUGH  PLACEMENT  BY
THE  CITY'S  COMMISSIONER  OF  FINANCE  ON THE CITY'S ANNUAL TAX LEVY IN
ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE CITY'S TAX AND  ASSESS-
MENT  ACT  (CHAPTER SEVENTY-FIVE OF THE LAWS OF NINETEEN HUNDRED SIX, AS
AMENDED).
  2. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON THE CITY'S ANNUAL TAX LEVY
SUCH UNPAID HOUSING CODE VIOLATION PENALTIES, COSTS AND FINES SHALL HAVE
BEEN ADJUDICATED AND IMPOSED THROUGH A JUDGMENT IN A COURT OF  COMPETENT
JURISDICTION  ON AN OWNER OF REAL PROPERTY WITHIN THE CITY, AS CERTIFIED
BY THE CITY'S CORPORATION COUNSEL TO THE COMMISSIONER  OF  FINANCE,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08693-04-6

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