S T A T E O F N E W Y O R K
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8146--A
I N S E N A T E
January 26, 2022
___________
Introduced by Sens. SKOUFIS, HINCHEY -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the state finance law and the real property tax law, in
relation to authorizing certain municipalities in a pilot emergency
repair program to add unpaid emergency repair charges and housing code
violation penalties, costs and fines to such municipalities' annual
tax levy in accordance with applicable law; and providing for the
repeal of certain provisions upon the expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 54-g of the state finance law, as
added by chapter 707 of the laws of 1981, is amended to read as follows:
3. THE SECRETARY OF STATE, WITH ASSISTANCE FROM THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL, SHALL ESTABLISH A PILOT PROGRAM WITH PARTIC-
IPATING MUNICIPALITIES FOR AN EMERGENCY REPAIR PROGRAM. THE SECRETARY OF
STATE SHALL ONLY SELECT MUNICIPALITIES DESIGNATED AS A CITY FOR SUCH
PILOT PROGRAM. THE EMERGENCY REPAIR PROGRAM SHALL REQUIRE A MUNICIPALITY
AWARDED PARTICIPATION TO ENACT A LOCAL LAW TO ENABLE THE MUNICIPALITY TO
REPAIR IMMEDIATELY HAZARDOUS CODE VIOLATIONS IN BUILDINGS WHERE THE
OWNER HAS NOT UNDERTAKEN SUCH REPAIRS IN A REASONABLE TIME. THE MUNICI-
PALITY SHALL BILL THE OWNER FOR SUCH REPAIR COSTS AND IN THE EVENT
PAYMENT IS NOT RECEIVED WITHIN THIRTY DAYS, THE SECRETARY SHALL REIM-
BURSE THE MUNICIPALITY FOR SUCH REPAIRS. ANY SUBSEQUENT RECOVERY OF
MONIES DUE FROM THE OWNER FOR SUCH REPAIRS SHALL BE FORWARDED TO THE
STATE. THE SECRETARY OF STATE IN CONJUNCTION WITH THE DIVISION OF HOUS-
ING AND COMMUNITY RENEWAL SHALL FILE A REPORT ANNUALLY TO EVALUATE THE
EFFECTIVENESS OF THE EMERGENCY REPAIR PILOT PROGRAM WITH THE LEGISLATURE
AND THE GOVERNOR. SUCH REPORT SHALL INCLUDE RECOMMENDATIONS AS TO WHETH-
ER THE PROGRAM SHALL BE CONTINUED OR MODIFIED IN ANY WAY AND THE REASONS
THEREFOR.
4. The terms used in this section shall have the meanings ascribed to
them in section fifty-four of this article.
§ 2. The real property tax law is amended by adding a new section 903
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14417-05-2
S. 8146--A 2
§ 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 PARTICIPATING IN THE EMERGENCY
REPAIR PROGRAM PURSUANT TO SECTION FIFTY-FOUR-G OF THE STATE FINANCE
LAW, ARE HEREBY AUTHORIZED TO COLLECT ANY UNPAID EMERGENCY REPAIR CHARG-
ES, 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 EMERGENCY REPAIR CHARGES, 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 MUNICIPALITY AND RECORDED BY THE COUN-
TY 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 EMERGENCY REPAIR CHARGES AND/OR THE CODE
VIOLATIONS SHALL BE AT LEAST FIVE PERCENT OF THE AMOUNT OF THE TAX
ASSESSED VALUE OF THE PROPERTY.
4. LEVY. SUCH UNPAID EMERGENCY REPAIR CHARGES AND/OR CODE VIOLATION
PENALTY, COST OR FINE AS SET FORTH IN A COPY OF THE JUDGMENT CERTIFIED
BY THE MUNICIPAL COUNSEL TO THE COMMISSIONER 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 ACCORDANCE WITH THIS SECTION
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.
5. NOTICE. THE MUNICIPALITY SHALL NOTIFY ALL OWNERS OR KNOWN INTER-
ESTED PARTIES OF RECORD OF THE PLACEMENT OF THE UNPAID EMERGENCY REPAIR
CHARGES AND/OR 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 PRACTICE LAW AND RULES. THE NOTICE
SHALL INCLUDE THE DATE OR DATES OF SUCH VIOLATIONS, THE DESCRIPTION OF
THE VIOLATIONS, THE AMOUNT OWED, A STATEMENT 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 EMERGENCY REPAIR CHARGES AND/OR 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 EMER-
GENCY REPAIR CHARGES AND/OR CODE VIOLATIONS ON THE TAX LEVY, THE MUNICI-
PALITY SHALL DEVELOP A PROGRAM TO ASSIST TENANTS RESIDING IN A DWELLING
AT RISK FOR TAX FORECLOSURE DUE TO UNPAID EMERGENCY REPAIR CHARGES
AND/OR CODE VIOLATIONS. SUCH PROGRAM SHALL INCLUDE HOUSING COUNSELING
S. 8146--A 3
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 FROM
ENTERING INTO A PAYMENT PLAN WITH A MUNICIPALITY FOR PAST AMOUNTS DUE
FOR EMERGENCY REPAIR CHARGES AND/OR 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.
(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 OR THROUGH A CERTIFICATION BY THE
OWNER FILED WITH THE CODE ENFORCEMENT OFFICER. AN APPEAL OF THIS DETER-
MINATION MAY BE MADE TO THE MUNICIPALITY'S ZONING BOARD OF APPEALS OR
OTHER LOCAL ADMINISTRATIVE BODY AS PROVIDED FOR IN LOCAL LAW. THE FINAL
DETERMINATION MADE BY THE ADMINISTRATIVE BODY SHALL BE REVIEWABLE PURSU-
ANT 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 EMERGENCY REPAIR CHARGES
AND/OR CODE VIOLATIONS UNDER ANY FORM FOR RECEIVERSHIP OR A MECHANICS
LIEN.
11. PAYMENT PRIOR TO AUCTION. (A) IF THE BALANCE OWED FOR EMERGENCY
REPAIR CHARGES AND/OR 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.
(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.
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: (A) UNPAID TAXES; AND (B) UNPAID
EMERGENCY REPAIR CHARGES AND/OR 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 EMERGENCY REPAIR CHARGES AND/OR 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 EMERGENCY REPAIR CHARGES, CODE VIOLATIONS AND THE COSTS AND ATTOR-
NEYS FEES INCURRED IN THE COLLECTION OF THE FEES BY THE MUNICIPALITIES.
13. BALANCE DUE. IF AFTER AN AUCTION A BALANCE IS DUE FOR EMERGENCY
REPAIR CHARGES AND/OR 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.
§ 3. This act shall take effect immediately; provided, however,
section one of this act shall expire and be deemed repealed May 1, 2026.
