S T A T E   O F   N E W   Y O R K
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                                  175--A
     Cal. No. 258
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sens. MARCHIONE, BROOKS, CROCI, KAMINSKY, PHILLIPS, VALE-
   SKY -- read twice and ordered printed, and when printed to be  commit-
   ted to the Committee on Local Government -- recommitted to the Commit-
   tee  on  Local  Government in accordance with Senate Rule 6, sec. 8 --
   reported favorably 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 the redemption
   of real property subject to a delinquent tax lien
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 1110 of the real property tax law,
 as  amended  by  chapter  532 of the laws of 1994, is amended to read as
 follows:
   2.  The redemption period shall expire  two  years  after  lien  date,
 except  that a tax district may increase the redemption period for resi-
 dential or farm property  in  the  manner  provided  by  section  eleven
 hundred eleven of this article, OR A TAX DISTRICT MAY REDUCE THE REDEMP-
 TION PERIOD FOR RESIDENTIAL VACANT AND ABANDONED PROPERTY TO ONE YEAR IN
 THE  MANNER  PROVIDED THE PROPERTY HAS BEEN PLACED ON A VACANT AND ABAN-
 DONED ROLL, OR REGISTRY OR LIST PRIOR TO THE DATE ON WHICH TAXES  BECOME
 DELINQUENT IN THE LOCAL MUNICIPALITY, PURSUANT TO SECTION ELEVEN HUNDRED
 ELEVEN  A OF THIS ARTICLE.  Notwithstanding the foregoing, if the notice
 published pursuant to section eleven hundred twenty-four of this article
 specifies a later date for the expiration of the redemption period,  the
 redemption period shall expire on the date so specified.
   §  2.  The  real  property  tax law is amended by adding a new section
 1111-a to read as follows:
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04386-05-8

 S. 175--A                           2
 
   § 1111-A. EXPEDITED FORECLOSURE PROCEEDINGS FOR VACANT  AND  ABANDONED
 RESIDENTIAL  REAL  PROPERTY.  1.  FINDING  OF VACANCY AND ABANDONMENT BY
 AFFIDAVIT.  EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION  OR  MORE,
 AN  ENFORCING  OFFICER OR HIS OR HER AGENT MAY DETERMINE THAT A RESIDEN-
 TIAL  REAL  PROPERTY  IS  VACANT AND ABANDONED UNDER THIS SECTION.  SUCH
 PROPERTY MAY BE SUBJECT TO A REDEMPTION PERIOD OF ONE YEAR, ONLY IF  THE
 ENFORCING  OFFICER OR HIS OR HER AGENT MAKES AN AFFIDAVIT TO THAT EFFECT
 AND THE PROPERTY HAS BEEN PLACED ON A LOCAL MUNICIPAL ROLL, REGISTRY  OR
 LIST  OF  VACANT AND ABANDONED PROPERTY MAINTAINED BY THE TAXING MUNICI-
 PALITY.
   2. (A) FOR PURPOSES OF THIS SECTION:
   (I) "ENFORCING OFFICER" SHALL MEAN THE PERSON EMPLOYED BY THE  MUNICI-
 PALITY  TO  ENFORCE STATE AND LOCAL LAND USE REGULATIONS SUCH AS THE NEW
 YORK STATE PROPERTY MAINTENANCE CODE OR THE NEW YORK STATE  UNIFORM  AND
 FIRE PREVENTION AND BUILDING CODE, OR HIS OR HER AGENT; AND
   (II) "ROLL" INCLUDES A ROLL, REGISTRY OR LIST.
   (B)  THE  ENFORCING  OFFICER OR HIS OR HER AGENT MUST CONDUCT AT LEAST
 THREE CONSECUTIVE INSPECTIONS OF RESIDENTIAL REAL PROPERTY  BELIEVED  TO
 BE  VACANT AND ABANDONED, WITH EACH INSPECTION OCCURRING AT LEAST FORTY-
 FIVE DAYS APART AND AT DIFFERENT TIMES OF THE DAY. THE ENFORCING OFFICER
 MUST INCLUDE IN HIS OR HER AFFIDAVIT THE DATES AND TIMES OF  INSPECTIONS
 AND  A STATEMENT THAT EACH INSPECTION REASONABLY INDICATED THAT NO OCCU-
 PANT WAS PRESENT, THAT EVIDENCE OF OCCUPANCY ON  THE  PROPERTY  DID  NOT
 EXIST AND THERE WERE NO INDICATIONS THAT ANY PERSONS ARE RESIDING THERE.
   (C)(1) FOR PURPOSES OF THIS SUBDIVISION, THE "EVIDENCE OF ABANDONMENT"
 THAT  THE  ENFORCING  OFFICER  OR HIS OR HER AGENT CONSIDERS DURING SUCH
 CONSECUTIVE INSPECTIONS SHALL INCLUDE BUT NOT BE LIMITED TO ANY  OF  THE
 FOLLOWING  CONDITIONS:  (I)  OVERGROWN  OR DEAD VEGETATION; (II) ACCUMU-
 LATION OF NEWSPAPERS, CIRCULARS, FLYERS OR MAIL; (III) PAST DUE  UTILITY
 NOTICES,  DISCONNECTED  UTILITIES, OR UTILITIES NOT IN USE; (IV) ACCUMU-
 LATION OF TRASH REFUSE OR OTHER DEBRIS; (V) ABSENCE OF WINDOW  COVERINGS
 SUCH AS CURTAINS, BLINDS, OR SHUTTERS; (VI) ONE OR MORE BOARDED, MISSING
 OR  BROKEN  WINDOWS; (VII) THE PROPERTY IS OPEN TO CASUAL ENTRY OR TRES-
 PASS; OR (VIII) THE PROPERTY HAS A BUILDING  OR  STRUCTURE  THAT  IS  OR
 APPEARS  STRUCTURALLY UNSOUND OR HAS ANY OTHER CONDITION THAT PRESENTS A
 POTENTIAL HAZARD OR DANGER TO THE SAFETY  OF  PERSONS.  AT  LEAST  THREE
 SEPARATE REASONABLE INDICATIONS OF ABANDONMENT ARE REQUIRED FOR A DETER-
 MINATION  OF  ABANDONMENT  BY  THE ENFORCING OFFICER OR HIS OR HER AGENT
 OBSERVED ON EACH OF HIS OR HER CONSECUTIVE INSPECTIONS MADE PURSUANT  TO
 PARAGRAPH  (B)  OF  THIS SUBDIVISION. ALL INDICATIONS RELIED ON SHALL BE
 INCLUDED IN THE AFFIDAVIT ALONG WITH THE DATES AND TIMES OBSERVED.
   (2) RESIDENTIAL REAL PROPERTY SHALL NOT BE DEEMED VACANT AND/OR  ABAN-
 DONED WHERE SUCH PROPERTY IS: (I) AN UNOCCUPIED BUILDING WHICH IS UNDER-
 GOING  CONSTRUCTION,  RENOVATION OR REHABILITATION THAT IS PROCEEDING TO
 COMPLETION, AND THE BUILDING IS IN COMPLIANCE WITH ALL APPLICABLE  ORDI-
 NANCES,  CODES,  REGULATIONS AND STATUTES; (II) A BUILDING OCCUPIED ON A
 SEASONAL BASIS; (III) A BUILDING  THAT  IS  THE  SUBJECT  OF  A  PROBATE
 ACTION,  ACTION TO QUIET TITLE, OR OTHER SIMILAR OWNERSHIP DISPUTE; (IV)
 A BUILDING DAMAGED BY A NATURAL DISASTER AND ONE OR MORE  OWNER  INTENDS
 TO  REPAIR AND REOCCUPY THE PROPERTY; OR (V) OCCUPIED BY THE TAXPAYER, A
 RELATIVE OF THE TAXPAYER OR A TENANT LAWFULLY IN POSSESSION.
   (D) THE AFFIDAVIT REQUIRED BY THIS SUBDIVISION SHALL INCLUDE  LANGUAGE
 INDICATING  THE  ENFORCING  OFFICER  OR  HIS  OR HER AGENT IN HIS OR HER
 PROFESSIONAL OPINION HAS MADE  A  DETERMINATION  THAT  THE  PROPERTY  IS
 VACANT  AND ABANDONED. SUCH AFFIDAVIT SHALL BE ACCOMPANIED BY ALL OF THE
 SUPPORTING DOCUMENTATION.

 S. 175--A                           3

   3. (A) THE AFFIDAVIT DESCRIBED IN SUBDIVISION  TWO  OF  THIS  SECTION,
 ALONG WITH ALL SUPPORTING DOCUMENTATION, SHALL BE SERVED ON THE PROPERTY
 OWNER  OR  OWNERS  PURSUANT  TO SECTION THREE HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES WITHIN ONE WEEK OF HAVING THE ENFORCING OFFICER'S
 OR HIS OR HER AGENT'S SIGNATURE AFFIXED TO IT.
   (B)  THE AFFIDAVIT AND COPIES OF ALL SUPPORTING DOCUMENTATION SHALL BE
 FILED WITH THE CLERK OF THE TOWN, VILLAGE, OR CITY  IN  WHICH  THE  REAL
 PROPERTY IS LOCATED WITHIN ONE WEEK OF HAVING THE ENFORCING OFFICER'S OR
 HIS OR HER AGENT'S SIGNATURE AFFIXED TO IT.
   4.  (A)  ALL TAXING LOCALITIES MAY MAINTAIN A ROLL OF VACANT AND ABAN-
 DONED PROPERTIES.  SUCH ROLL MUST INCLUDE THE TAX IDENTIFICATION  NUMBER
 OF  THE  LOT,  THE  KNOWN  LEGAL OWNERS OF THE PROPERTY, THE DATE OF THE
 FINDING OF VACANT AND ABANDONMENT PURSUANT TO THE ENFORCING OFFICER'S OR
 HIS OR HER AGENT'S AFFIDAVIT, AND ANY OTHER INFORMATION THE MUNICIPALITY
 DEEMS NECESSARY.
   (B) UPON THE PLACEMENT OF ANY PROPERTY OR LOT ON THE ROLL,  THE  CLERK
 OF THE TOWN, VILLAGE OR CITY IN WHICH THE REAL PROPERTY IS LOCATED SHALL
 SERVE  NOTICE ON THE PROPERTY OWNER OR OWNERS, PURSUANT TO SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES, THAT THE PROPERTY HAS
 BEEN PLACED ON THE ROLL AND THE PROPERTY MAY BE  SUBJECT  TO  A  REDUCED
 REDEMPTION PERIOD OF ONE YEAR IF DELINQUENT TAXES BECOME OWING.
   (C)  THE  ROLL OF VACANT AND ABANDONED PROPERTIES SHALL BE MADE AVAIL-
 ABLE TO THE PUBLIC.
   5. ANY PERSON OR PERSONS, JOINTLY OR SEVERABLY  AGGRIEVED  UNDER  THIS
 SECTION  MAY  APPLY  TO THE SUPREME COURT FOR REVIEW BY PROCEEDING UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. SUCH PROCEED-
 ING MUST BE INSTITUTED WITHIN FOUR MONTHS OF SERVICE OF  NOTICE  ON  THE
 PROPERTY OWNER.
   §  3.  Subdivision  2 of section 1122 of the real property tax law, as
 amended by chapter 532 of the laws  of  1994,  is  amended  to  read  as
 follows:
   2.  (a) In a tax district which has extended the redemption period for
 residential or farm property to three or four years, there may be  sepa-
 rate  lists  for property identified as residential or farm property and
 for other property.
   (b) IN A TAX DISTRICT WHICH HAS ROLL OR REGISTRY FOR VACANT AND  ABAN-
 DONED  REAL PROPERTY PURSUANT TO SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
 ARTICLE THERE MAY BE A SEPARATE ROLL,  REGISTRY  OR  LIST  FOR  PROPERTY
 IDENTIFIED AS VACANT AND ABANDONED REAL PROPERTY.
   (C)  In  a  tax district having a population of fifty thousand or more
 according to the latest federal census, there may be a separate list for
 each existing geographical area such as a  city,  town,  village,  ward,
 section or other appropriate area bounded or defined by law.
   §  4.  This  act shall take effect on January 1, 2020. Effective imme-
 diately the addition, amendment and/or repeal of any rule or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made on or before such date.