S T A T E   O F   N E W   Y O R K
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                                   1864
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00466-02-9

 S. 1864                             2
 
 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
 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.

 S. 1864                             3
 
   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.