S T A T E   O F   N E W   Y O R K
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                                 10618--A
 
                           I N  A S S E M B L Y
 
                                May 9, 2018
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES, BOHEN -- read once and referred
   to the Committee on Real Property Taxation -- reported and referred to
   the Committee on Codes -- 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:
   § 905. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
 AUTHORIZATION. IN ADDITION TO AND NOT IN LIMITATION OF ANY POWER  OTHER-
 WISE  GRANTED  BY  LAW,  THE THE CITY OF BUFFALO IS HEREBY AUTHORIZED TO
 COLLECT ANY UNPAID HOUSING, BUILDING AND FIRE 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 PROVISIONS OF  THIS
 SECTION.
   2.  ELIGIBILITY.  IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON THE CITY OF
 BUFFALO'S ANNUAL TAX LEVY SUCH UNPAID 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  AND  RECORDED BY THE COUNTY CLERK, AS CERTIFIED BY THE CITY'S
 CORPORATION COUNSEL TO THE COMMISSIONER OF  FINANCE  AND  HAVE  REMAINED
 UNPAID  FOR  ONE YEAR AFTER THE FINAL ADJUDICATION AND EXHAUSTION OF ALL
 APPEALS RELATING TO THE IMPOSITION OF THE FINES  FOR  A  CODE  VIOLATION
 PRECEDING THE PLACEMENT ON THE CITY'S TAX LEVY.
   3.  MINIMUM  AMOUNT OWED. TO QUALIFY FOR PLACEMENT ON THE TAX LEVY THE
 AMOUNT OWED FOR UNPAID CODE VIOLATIONS MUST BE AT LEAST FIVE PERCENT  OF
 THE AMOUNT OF THE TAX ASSESSED VALUE OF THE PROPERTY.
   4.  LEVY.  SUCH CODE VIOLATION PENALTY, COST OR FINE AS SET FORTH IN A
 COPY OF THE JUDGMENT  CERTIFIED  BY  THE  CORPORATION  COUNSEL  TO  SUCH
 COMMISSIONER  OF  FINANCE SHALL BE SET DOWN IN THE ANNUAL TAX LEVY UNDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14149-04-8

 A. 10618--A                         2
 
 THE HEADING UNCOLLECTED FINES AND PENALTIES AND IN ACCORDING  WITH  THIS
 SECTION  SHALL  BE LEVIED, ENFORCED AND COLLECTED IN THE SAME MANNER, BY
 THE SAME PROCEEDINGS, AT THE SAME TIME, UNDER  THE  SAME  PENALTIES  AND
 HAVING  THE SAME LIEN UPON THE PROPERTY ASSESSED AS THE TAX LEVY OF SUCH
 MUNICIPALITY AND AS A PART THEREOF.
   5. NOTICE. THE CITY OF BUFFALO SHALL NOTIFY ALL OWNERS OR KNOWN INTER-
 ESTED PARTIES OF RECORD OF THE PLACEMENT OF THE CODE VIOLATIONS  ON  THE
 CITY  TAX  LEVY AS UNCOLLECTED FINES AND PENALTIES WITHIN THIRTY DAYS OF
 PLACEMENT, PURSUANT TO SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE
 LAW AND RULES. THE NOTICE SHALL  INCLUDE  THE  DATE  OR  DATES  OF  SUCH
 VIOLATIONS, THE DESCRIPTION OF THE VIOLATIONS, THE AMOUNT OWED, A STATE-
 MENT DETAILING THE FORECLOSURE PROCESS THAT WILL OCCUR IF THE VIOLATIONS
 REMAIN  UNPAID,  THE  PROCESS TO CLAIM ANY SURPLUS FUNDS AND THE CONTACT
 INFORMATION FOR THE CITY'S OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6. TAX YEAR. ANY UNPAID CODE VIOLATIONS SHALL BE  PLACED  ON  THE  TAX
 ROLL  THE  CITY  OF BUFFALO IS CURRENTLY IN AND SHALL NOT BE PLACED ON A
 LIST, ROLL OR LEVY OF DELINQUENT TAXES.
   7. OWNER OCCUPIED. NOTWITHSTANDING ANY OTHER APPLICABLE PROVISIONS  OF
 LAW,  NOTHING IN THIS SECTION SHALL BE APPLIED TO A RESIDENTIAL DWELLING
 THAT IS OWNER-OCCUPIED OR IS THE PRIMARY RESIDENCE OF A HOMEOWNER.
   8. TENANTS. PRIOR TO THE PLACEMENT OF ANY PROPERTY  WITH  UNPAID  CODE
 VIOLATIONS  ON THE TAX LEVY, THE CITY OF BUFFALO SHALL DEVELOP A PROGRAM
 TO ASSIST TENANTS RESIDING IN A DWELLING AT RISK FOR TAX FORECLOSURE DUE
 TO UNPAID CODE VIOLATIONS. SUCH PROGRAM SHALL INCLUDE HOUSING COUNSELING
 ASSISTANCE OR OTHER SUPPORT IN RELOCATING THE TENANTS TO SUITABLE  HOUS-
 ING PRIOR TO THE TAX FORECLOSURE.
   9.  PAYMENT  PLAN.  NOTHING IN THIS SECTION SHALL PRECLUDE AN OWNER OR
 LANDLORD FROM ENTERING INTO A PAYMENT PLAN WITH THE CITY OF BUFFALO  FOR
 PAST AMOUNTS DUE FOR CODE VIOLATIONS.
   10. CURING CODE VIOLATIONS. (A) IF ALL OF THE VIOLATIONS FOR WHICH THE
 PENALTIES,  FEES  AND  COSTS  HAVE  BEEN  ASSESSED ARE CURED, REMOVED OR
 CORRECTED PRIOR TO THE EXPIRATION OF THE PERIOD FOR REDEMPTION  PURSUANT
 TO  SECTION  ELEVEN  HUNDRED  TEN OF THIS CHAPTER, THE PROPERTY SHALL BE
 REMOVED FROM THE LEVY AND AUCTION AND THE BALANCE  OF  THE  AMOUNT  OWED
 SHALL  BE  PLACED  AS A LIEN ON THE PROPERTY PURSUANT TO APPLICABLE LAWS
 FOR DEBT COLLECTION AND AN ACTION FOR FORECLOSURE OF THE PROPERTY  SHALL
 NOT BE MAINTAINED FOR THE AMOUNT OWED.
   (B)  THE DETERMINATION OF WHETHER OR NOT THE CODE VIOLATIONS HAVE BEEN
 CURED SHALL BE MADE BY THE CITY OF BUFFALO'S ENFORCING OFFICER IN CHARGE
 OF ENSURING COMPLIANCE WITH APPLICABLE HOUSING, BUILDING, AND FIRE CODES
 SUCH AS A CODE ENFORCEMENT OFFICER.  AN APPEAL OF THIS DETERMINATION MAY
 BE MADE TO THE CITY'S ZONING BOARD OF APPEALS OR OTHER LOCAL ADMINISTRA-
 TIVE BODY AS PROVIDED FOR IN LOCAL LAW.  THE FINAL DETERMINATION MADE BY
 THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSUANT TO  ARTICLE  SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   (C)  THIS  SECTION  SHALL  NOT  BE  APPLICABLE  TO ANY CAUSE OF ACTION
 BROUGHT FOR MONEY DUE BASED ON THE CURING OF CODE VIOLATIONS  UNDER  ANY
 FORM FOR RECEIVERSHIP OR A MECHANIC'S LIEN.
   11.  PAYMENT  PRIOR  TO  AUCTION.  (A)  IF  THE  BALANCE OWED FOR CODE
 VIOLATIONS PLACED ON THE TAX LEVY IS PAID PRIOR TO THE EXPIRATION OF THE
 PERIOD FOR REDEMPTION PURSUANT TO SECTION ELEVEN  HUNDRED  TEN  OF  THIS
 CHAPTER  AND THERE IS NO BALANCE DUE FOR UNPAID REAL PROPERTY TAXES, THE
 PROPERTY MAY NOT BE AUCTIONED, AND THE PROPERTY SHALL  BE  REMOVED  FROM
 THE TAX LEVY.

 A. 10618--A                         3
 
   (B)  THE  OWNER  SHALL HAVE THE RIGHT TO PAY THE FULL BALANCE PRIOR TO
 THE EXPIRATION OF THE PERIOD FOR REDEMPTION PURSUANT TO  SECTION  ELEVEN
 HUNDRED TEN OF THIS CHAPTER IN ORDER TO REDEEM THE PROPERTY.
   12.  SURPLUS. ANY SURPLUS FUNDS REMAINING AFTER THE SALE OF A PROPERTY
 AT A TAX FORECLOSURE FOR UNPAID CODE VIOLATIONS SHALL BE RETURNED TO THE
 FORMER OWNER OF THE PROPERTY IN A MANNER AS PROVIDED  UNDER  LOCAL  LAW.
 THIS PROVISION SHALL NOT APPLY TO A SALE OF A PROPERTY AT A TAX FORECLO-
 SURE DUE TO UNPAID TAXES. IF A PROPERTY HAS BOTH UNPAID TAXES AND UNPAID
 CODE  VIOLATIONS ON THE SAME TAX LEVY AND IS AUCTIONED AT A TAX FORECLO-
 SURE THE AMOUNT OF THE SURPLUS FUNDS RETURNED TO THE FORMER OWNER  SHALL
 BE  PROPORTIONATE  TO  THE  AMOUNT OF UNPAID CODE VIOLATIONS OWED IN THE
 TOTAL AMOUNT OF DEBT OWED TO THE CITY OF BUFFALO.   FOR THE  PURPOSE  OF
 THIS  SECTION,  "SURPLUS FUNDS" SHALL MEAN THE BALANCE OF MONEY RECEIVED
 AFTER AUCTION OF A PROPERTY AT A TAX FORECLOSURE SALE MINUS  THE  AMOUNT
 OWED  FOR  CODE VIOLATIONS AND THE COSTS AND ATTORNEYS' FEES INCURRED IN
 THE COLLECTION OF THE FEES BY THE CITY.
   13. BALANCE DUE. IF AFTER  AN  AUCTION  A  BALANCE  IS  DUE  FOR  CODE
 VIOLATIONS,  THE CITY OF BUFFALO MAY PROCEED WITH ANY ACTION AGAINST THE
 FORMER OWNER PURSUANT TO APPLICABLE LAWS.
   14. EXCLUSIONS. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  ANY
 MUNICIPALITY THAT SELLS THEIR TAX LIENS IN A TAX SALE.
   § 2. This act shall take effect immediately.