S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1773
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced by Sens. CARLUCCI, VALESKY -- 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
   municipalities to add unpaid housing code violation  penalties,  costs
   and fines to the municipality's annual tax levy

   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 901 to read as follows:
   § 901. COLLECTION OF UNPAID HOUSING CODE VIOLATION PENALTIES; LEVY. 1.
 NOTWITHSTANDING  ANY  OTHER PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
 LAW, CODE OR CHARTER, A MUNICIPALITY, EXCEPT THOSE HAVING  A  POPULATION
 OF  ONE  MILLION  OR MORE, MAY COLLECT ANY UNPAID HOUSING CODE VIOLATION
 PENALTIES, COSTS AND FINES THROUGH PLACEMENT BY THE OFFICIAL  AUTHORIZED
 TO ADMINISTER A MUNICIPALITY'S ANNUAL TAX LEVY.
   2.  IN  ORDER  TO BE ELIGIBLE FOR PLACEMENT ON A MUNICIPALITY'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 MUNICI-
 PALITY AND HAVE REMAINED UNPAID FOR ONE YEAR PRECEDING THE PLACEMENT  ON
 THE MUNICIPALITY'S TAX LEVY.
   3. SUCH HOUSING CODE VIOLATION PENALTY, COST OR FINE SHALL BE SET DOWN
 IN THE ANNUAL TAX LEVY UNDER THE HEADING UNCOLLECTED FINES AND PENALTIES
 AND  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 GENERAL MUNICIPAL TAX
 AND AS A PART THEREOF.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01991-01-7

              

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1773--A
     Cal. No. 266
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 Introduced  by  Sens. CARLUCCI, CROCI, VALESKY -- read twice and ordered
   printed, and when printed to be committed to the  Committee  on  Local
   Government  --  recommitted  to  the  Committee 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  authorizing
   the  inclusion  in  the  tax  levy of certain fines imposed by munici-
   palities in the county of Rockland
 
   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 903 to read as follows:
   § 903. AUTHORIZING INCLUSION IN THE TAX LEVY OF CERTAIN FINES  IMPOSED
 BY  MUNICIPALITIES  IN  THE  COUNTY  OF ROCKLAND. 1. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, MUNICIPALITIES IN THE COUNTY OF  ROCK-
 LAND,  ACTING  BY  AND  THROUGH  THEIR GOVERNING BODIES, MAY ENACT LOCAL
 LAWS, ORDINANCES OR RESOLUTIONS 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  AND
 FIRE  CODE  VIOLATIONS SHALL BE DEEMED TO BE DELINQUENT TAXES IN ACCORD-
 ANCE 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 MUNICIPALITIES IN THE COUNTY OF ROCKLAND AND THE
 APPROPRIATE COLLECTING OFFICER.
   2. SUCH LOCAL LAWS,  ORDINANCES  AND  RESOLUTIONS  SHALL  ESTABLISH  A
 PROCEDURE  FOR THE JUDICIAL DETERMINATION AND ADJUDICATION OF THE UNDER-
 LYING  CIRCUMSTANCES  RELATING  TO  THE  BUILDING  CODE  OR  FIRE   CODE
 VIOLATION,  AND  THE  FINE  TO BE IMPOSED IF THE COURT FINDS THAT SUCH A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01991-03-8

 S. 1773--A                          2
 
 VIOLATION OCCURRED. FURTHERMORE, A REAL PROPERTY OWNER WHO  AFTER  BEING
 ADJUDGED  TO  HAVE  COMMITTED A VIOLATION SHALL HAVE THE RIGHT TO APPEAL
 SUCH JUDGMENT.
   3. SUCH LOCAL LAWS, ORDINANCES OR RESOLUTIONS ENACTED PURSUANT TO THIS
 SECTION  SHALL  PROVIDE  THAT  EACH  AFFECTED  PROPERTY  OWNER  SHALL BE
 PROVIDED, BY MUNICIPALITIES IN THE COUNTY OF  ROCKLAND,  WITH  NOT  LESS
 THAN  TEN  DAYS  WRITTEN NOTICE PRIOR TO THE OCCURRENCE OF ANY ACTION BY
 THE MUNICIPAL CORPORATION PURSUANT TO THE PROVISIONS  OF  THIS  SECTION.
 EVERY SUCH NOTICE SHALL INFORM THE REAL PROPERTY OWNER THAT A REAL PROP-
 ERTY TAX LIEN MAY BE IMPOSED IF THE FINE REMAINS UNPAID.
   4.  MUNICIPALITIES  IN  THE  COUNTY OF ROCKLAND MAY, NOT LESS THAN ONE
 YEAR AFTER THE FINAL ADJUDICATION AND EXHAUSTION OF ALL APPEALS RELATING
 TO THE IMPOSITION OF A FINE FOR A BUILDING CODE OR FIRE CODE  VIOLATION,
 DECLARE SUCH FINE AND ANY EXPENSES INCURRED IN ADJUDICATING SUCH FINE TO
 BE  UNPAID REAL PROPERTY TAXES ON THE SUBJECT PROPERTY, AND INCLUDE SUCH
 FINE ON THE TAX ROLL OF UNPAID TAXES DELIVERED TO THE  COLLECTING  OFFI-
 CER.
   §  2.  Section 936 of the real property tax law, as amended by chapter
 237 of the laws of 1995, subdivision 1 as amended by chapter 355 of  the
 laws of 1997, is amended to read as follows:
   §  936.  Return of unpaid delinquent taxes.  1. Upon the expiration of
 his OR HER warrant, each collecting officer shall make  and  deliver  to
 the  county  treasurer an account, subscribed and affirmed by him OR HER
 as true under the penalties of perjury, of all taxes listed on  the  tax
 roll  which  remain unpaid INCLUDING ANY FINES DEEMED TO BE UNPAID TAXES
 PURSUANT TO SECTION NINE HUNDRED THREE OF THIS ARTICLE, except that such
 collecting officer shall not include in such account the amount  of  the
 installments  of taxes returned unpaid pursuant to [section nine hundred
 twenty-eight-b or] subdivision one of section nine  hundred  seventy-six
 of this [chapter] ARTICLE. The county treasurer shall, if satisfied that
 such  account  is  correct,  credit  him  with the amount of such unpaid
 delinquent taxes. Such return shall be endorsed upon or attached to  the
 tax roll.
   2.  In making the return of unpaid taxes AND FINES DEEMED TO BE UNPAID
 TAXES, the collecting officer shall add five per centum to the amount of
 each tax as levied. In the event that the collecting officer fails to do
 so, the county treasurer shall make such addition. In a county in  which
 there  is  a local law in effect pursuant to [section nine hundred twen-
 ty-eight-b or] section nine hundred seventy-two of this [chapter]  ARTI-
 CLE  providing for the collection of taxes in installments, the five per
 centum provided by this subdivision shall not  be  added  to  the  taxes
 which  a real property owner has elected to pay in installments pursuant
 to [section nine hundred twenty-eight-b or] section nine hundred  seven-
 ty-five  of  this [chapter] ARTICLE. Such five per centum shall be added
 by the county treasurer to the  amount  of  such  taxes  as  shall  have
 remained  unpaid  after the date upon which the last installment was due
 as provided in such local law. The amount of such added per centum shall
 thereafter be deemed part of the amount of the unpaid tax.
   § 3. Subdivision 2 of section 1102 of the real property  tax  law,  as
 amended  by  chapter  532  of  the  laws  of 1994, is amended to read as
 follows:
   2. "Delinquent tax" means an unpaid tax, UNPAID FINES THAT ARE  DEEMED
 TO  BE UNPAID TAXES PURSUANT TO SECTION NINE HUNDRED THREE OF THIS CHAP-
 TER, special ad valorem levy, special assessment or other charge imposed
 upon real property by or on behalf of a municipal corporation or special
 district, plus all applicable charges, relating to any parcel  which  is

 S. 1773--A                          3
 
 included  in  the return of unpaid delinquent taxes prepared pursuant to
 section nine hundred thirty-six of this chapter or such  other  general,
 special,  or local law as may be applicable. In no event, however, shall
 "delinquent  tax"  include  any unpaid tax or other charge against lands
 owned by the state.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.