Senate Bill S3858

2021-2022 Legislative Session

Relates to decreasing the time a vacant property may sit in foreclosure in Erie County

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S3858 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
Erie County Tax Act
Laws Affected:
Amd §9-1.0, Chap 812 of 1942
Versions Introduced in Other Legislative Sessions:
2017-2018: S6580
2019-2020: S253
2023-2024: S6487

2021-S3858 (ACTIVE) - Summary

Decreases the time a vacant property may sit in foreclosure in Erie county.

2021-S3858 (ACTIVE) - Sponsor Memo

2021-S3858 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3858
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, GALLIVAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local Government
 
 AN  ACT  to amend the Erie county tax act, in relation to decreasing the
   time a vacant property may sit in foreclosure in Erie county
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 9-1.0 of chapter 812 of the laws of 1942, consti-
 tuting the Erie county tax act, is amended to read as follows:
   § 9-1.0 When foreclosure may be taken. (A) Whenever a tax sale certif-
 icate issued on any tax sale shall be outstanding, unredeemed and unpaid
 for a period of not less than two years nor more than twenty-five  years
 after  the issuance thereof and no conveyance has been taken thereunder,
 the holder of such tax sale certificate, including the county  of  Erie,
 may bring an action to recover the amount paid for such certificate with
 all interest, penalties, additions and expenses as in this act provided.
 For  that  purpose,  such a holder may maintain an action in the supreme
 court or in the county court of Erie county for the sale  of  the  lands
 affected  by  such  certificate.   Jurisdiction of such action is hereby
 expressly conferred upon such county court.
   (B) FOR REAL PROPERTY THAT HAS BEEN  CERTIFIED  VACANT  AND  ABANDONED
 PURSUANT  TO  SECTION THIRTEEN HUNDRED NINE OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW, WHENEVER A TAX SALE CERTIFICATE ISSUED ON  ANY  TAX
 SALE  SHALL  BE  OUTSTANDING,  UNREDEEMED AND UNPAID FOR A PERIOD OF NOT
 LESS THAN ONE YEAR NOR MORE THAN TWENTY-FIVE YEARS  AFTER  THE  ISSUANCE
 THEREOF  AND NO CONVEYANCE HAS BEEN TAKEN THEREUNDER, THE HOLDER OF SUCH
 TAX SALE CERTIFICATE, INCLUDING THE COUNTY OF ERIE, MAY BRING AN  ACTION
 TO  RECOVER  THE  AMOUNT  PAID  FOR  SUCH CERTIFICATE WITH ALL INTEREST,
 PENALTIES, ADDITIONS AND EXPENSES AS IN  THIS  ACT  PROVIDED.  FOR  THAT
 PURPOSE, SUCH A HOLDER MAY MAINTAIN AN ACTION IN THE SUPREME COURT OR IN
 THE  COUNTY  COURT  OF ERIE COUNTY FOR THE SALE OF THE LANDS AFFECTED BY
 SUCH CERTIFICATE.  JURISDICTION  OF  SUCH  ACTION  IS  HEREBY  EXPRESSLY
 CONFERRED UPON SUCH COUNTY COURT.
   § 2. This act shall take effect immediately.

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