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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1773--B
     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 --  again
   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
   certain municipalities to add unpaid housing code violation penalties,
   costs  and fines to such municipalities' 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 903 to read as follows:
   § 903. 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, MUNICIPALITIES IN THE COUNTY OF ROCKLAND, INCLUDING
 THE  COUNTY  OF  ROCKLAND,  ARE  HEREBY AUTHORIZED TO COLLECT ANY UNPAID
 HOUSING, BUILDING AND FIRE CODE VIOLATION  PENALTIES,  COSTS  AND  FINES
 THROUGH  PLACEMENT BY THE MUNICIPALITY'S COMMISSIONER OF FINANCE, TREAS-
 URER, OR OTHER PUBLIC OFFICIAL CHARGED WITH THE DUTIES OF OVERSEEING TAX
 COLLECTIONS ON THE MUNICIPALITY'S ANNUAL TAX LEVY IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION.
   2. ELIGIBILITY. IN ORDER TO BE ELIGIBLE FOR PLACEMENT ON  THE  MUNICI-
 PALITY'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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01991-08-8

 S. 1773--B                          2
 
 MUNICIPALITY  AND  RECORDED  BY  THE  COUNTY  CLERK, AS CERTIFIED BY THE
 MUNICIPAL COUNSEL TO THE COMMISSIONER OF  FINANCE,  TREASURER  OR  OTHER
 PUBLIC  OFFICIAL  CHARGED  WITH THE DUTIES OF OVERSEEING TAX COLLECTIONS
 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 MUNICIPALITY'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 MUNICIPAL COUNSEL TO  THE  COMMIS-
 SIONER  OF  FINANCE, TREASURER OR OTHER PUBLIC OFFICIAL CHARGED WITH THE
 DUTIES OF OVERSEEING TAX COLLECTIONS SHALL BE SET DOWN IN THE ANNUAL TAX
 LEVY UNDER 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 PENAL-
 TIES AND HAVING THE SAME LIEN UPON THE PROPERTY ASSESSED AS THE  GENERAL
 MUNICIPAL TAX AND AS A PART THEREOF.
   5.  NOTICE.  THE  MUNICIPALITY SHALL NOTIFY ALL OWNERS OR KNOWN INTER-
 ESTED PARTIES OF RECORD OF THE PLACEMENT OF THE CODE VIOLATIONS  ON  THE
 MUNICIPAL TAX LEVY AS UNCOLLECTED FINES AND PENALTIES WITHIN THIRTY DAYS
 OF PLACEMENT, PURSUANT TO SECTION THREE HUNDRED EIGHT OF THE CIVIL PRAC-
 TICE  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 MUNICIPAL OFFICE IN CHARGE OF RECEIVING PAYMENTS.
   6.  TAX  YEAR.  ANY  UNPAID CODE VIOLATIONS SHALL BE PLACED ON THE TAX
 ROLL THE MUNICIPALITY 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 MUNICIPALITY 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 A MUNICIPALITY 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. IN THE VILLAGE  OF  UPPER  NYACK,
 THE  TIME  PERIOD FOR REDEMPTION SHALL BE THE SAME TIME PERIOD SET FORTH
 BY THE VILLAGE OF UPPER NYACK FOR THE VILLAGE'S ANNUAL TAX LEVY.
   (B) THE DETERMINATION OF WHETHER OR NOT THE CODE VIOLATIONS HAVE  BEEN
 CURED  SHALL  BE MADE BY THE LOCAL MUNICIPAL 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

 S. 1773--B                          3
 
 BE MADE TO THE MUNICIPALITY'S ZONING BOARD OF  APPEALS  OR  OTHER  LOCAL
 ADMINISTRATIVE  BODY  AS  PROVIDED  FOR IN LOCAL LAW. THE FINAL DETERMI-
 NATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE  PURSUANT  TO
 ARTICLE SEVENTY-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 MECHANICS 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. IN THE VILLAGE OF UPPER NYACK THE TIME PERIOD FOR REDEMP-
 TION SHALL BE THE SAME TIME PERIOD SET FORTH BY  THE  VILLAGE  OF  UPPER
 NYACK FOR THE VILLAGE'S ANNUAL TAX LEVY.
   (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. IN THE
 VILLAGE OF UPPER NYACK THE TIME PERIOD FOR REDEMPTION SHALL BE THE  SAME
 TIME  PERIOD  SET  FORTH BY THE VILLAGE OF UPPER NYACK FOR THE VILLAGE'S
 ANNUAL TAX LEVY.
   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 PROVIDED UNDER LOCAL LAW.  THIS
 PROVISION  SHALL  NOT APPLY TO A SALE OF A PROPERTY AT A TAX FORECLOSURE
 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  FORECLOSURE
 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  MUNICIPALITY.  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 MUNICIPALITIES.
   13.  BALANCE  DUE.  IF  AFTER  AN  AUCTION  A  BALANCE IS DUE FOR CODE
 VIOLATIONS, THE MUNICIPALITY 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 LIEN SALE.
   § 2. This act shall take effect immediately.