S T A T E   O F   N E W   Y O R K
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                                   4403
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by M. of A. McDONALD, FAHY, GOTTFRIED, OTIS, RAIA, DiPIETRO,
   PEOPLES-STOKES, WOERNER, GUNTHER, PALMESANO, STECK, FRIEND, MORINELLO,
   WALLACE, HAWLEY -- Multi-Sponsored by -- M. of A. COOK, CROUCH, RAMOS,
   SCHIMMINGER -- read once and referred to the Committee on Real Proper-
   ty Taxation

 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
 PROVIDED THE PROPERTY HAS BEEN PLACED ON A VACANT AND ABANDONED 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:
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00466-02-9

 A. 4403                             2
 
 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. ENFORCING OFFICER.   (A) FOR PURPOSES OF  THIS  SECTION  "ENFORCING
 OFFICER"  SHALL  MEAN THE PERSON EMPLOYED BY THE MUNICIPALITY 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.
   (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 THIRTY
 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 OCCUPANT WAS
 PRESENT AND THAT THERE WAS NO EVIDENCE OF OCCUPANCY ON THE  PROPERTY  TO
 INDICATE THAT ANY PERSONS WERE 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) AN ACCUMU-
 LATION OF NEWSPAPERS, CIRCULARS, FLYERS OR MAIL; (III) PAST DUE  UTILITY
 NOTICES,  DISCONNECTED UTILITIES, OR UTILITIES NOT IN USE; (IV) AN ACCU-
 MULATION OF TRASH REFUSE OR OTHER DEBRIS;  (V)  THE  ABSENCE  OF  WINDOW
 COVERINGS SUCH AS CURTAINS, BLINDS, OR SHUTTERS; (VI) ONE OR MORE BOARD-
 ED, MISSING OR BROKEN WINDOWS; (VII) THAT THE PROPERTY IS OPEN TO CASUAL
 ENTRY  OR TRESPASS; OR (VIII) THAT THE PROPERTY HAS A BUILDING OR STRUC-
 TURE 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  DETERMINATION  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. A LISTING OF ALL INDI-
 CATIONS 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 OWNERS 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.
   3. NOTICE.  (A) THE AFFIDAVIT DESCRIBED IN  SUBDIVISION  TWO  OF  THIS
 SECTION  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 SIGNATURE AFFIXED TO IT.
   (B)  THE  AFFIDAVIT  AND COPIES OF ALL ATTACHED PICTURES, EXHIBITS AND
 OTHER SUPPORTING DOCUMENTATION SHALL BE FILED  WITH  THE  CLERK  OF  THE

 A. 4403                             3

 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.  MUNICIPAL  ROLL  OF VACANT AND ABANDONED PROPERTY.  (A) ALL TAXING
 LOCALITIES MAY MAINTAIN A ROLL OF VACANT AND ABANDONED PROPERTIES.  SUCH
 ROLL MUST INCLUDE THE TAX IDENTIFICATION NUMBER OF THE LOT, THE NAME  OR
 NAMES  OF KNOWN LEGAL OWNERS OF THE PROPERTY, THE DATE OF THE FINDING OF
 VACANT AND ABANDONMENT PURSUANT TO THE  ENFORCING  OFFICER'S  AFFIDAVIT,
 AND ANY OTHER INFORMATION THE MUNICIPALITY DEEMS NECESSARY.
   (B)  THE  ROLL OF VACANT AND ABANDONED PROPERTIES SHALL BE MADE AVAIL-
 ABLE TO THE PUBLIC.
   (C) 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.
   (D)  FOR  PURPOSES  OF  THIS  SECTION  THE TERM "ROLL" SHALL INCLUDE A
 REGISTRY OR LIST OF VACANT AND ABANDONED PROPERTY.
   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 A ROLL FOR VACANT AND  ABANDONED  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 and completed on or before such date.