S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5213--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced by Sens. THOMAS, MYRIE -- 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 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the real property tax law and the social  services  law,
   in relation to tax lien foreclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1142 of the real property  tax  law,  as  added  by
 section  12  of part BB of chapter 55 of the laws of 2024, is amended to
 read as follows:
   § 1142. Homeowner bill of rights. Any owner of a residential property,
 as defined in section eleven hundred eleven of this article,  who  occu-
 pies such property as their primary residence, OR WHOSE HEIRS OR DISTRI-
 BUTEES OCCUPY THE PROPERTY AS THEIR PRIMARY RESIDENCE WHERE THE HOMEOWN-
 ER  IS  DECEASED,  OR  ANY  PURCHASER  OF  A  CONTRACT FOR A RESIDENTIAL
 PROPERTY, OR SUCCESSOR IN INTEREST TO SUCH PURCHASER, SUBJECT TO  A  TAX
 LIEN  ON  ANY  PARCEL  OF REAL PROPERTY, INCLUDING THOSE LOANS OTHERWISE
 EXEMPT UNDER THIS ARTICLE, shall have the following rights:
   1. Notwithstanding any other general, special, or local law, local tax
 act, code, rule, regulation, or charter provision to  the  contrary,  to
 not  have exemptions removed or waived for nonpayment of property taxes,
 except to the extent otherwise provided in section one hundred  seventy-
 one-w  of  the tax law and any other general law that explicitly author-
 izes the removal of an exemption due to the nonpayment of taxes;
   2. To be informed of the amount of tax due, the number  of  tax  years
 for  which the parcel has been in arrears, the date on which the redemp-
 tion period ends, the accepted forms  of  payment,  the  location  where
 payments  shall be made, and the contact information for the responsible
 taxing authority, provided that a claim by an owner that they  were  not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04452-06-4
              

 S. 5213--A                          2
 
 so  informed  shall  not  constitute  a  valid  defense to a foreclosure
 proceeding;
   3.  To  receive  homeowner  warning notices pursuant to section eleven
 hundred forty-four of this title;
   4. In the event that their primary residence is  foreclosed  upon,  to
 receive  a  share of any surplus resulting from the sale of the property
 in the manner provided by law; PROVIDED  HOWEVER,  THAT  SUCH  HOMEOWNER
 SHALL  RECEIVE  ANY SURPLUS FOLLOWING THE SALE OF THE PROPERTY AFTER THE
 TAX LIEN IS SATISFIED AHEAD OF ANY SECURED CREDITORS PURSUANT TO SECTION
 FIFTY-TWO HUNDRED SIX OF THE CIVIL PRACTICE LAW AND RULES;
   5. To be charged interest at a rate no higher than the maximum  allow-
 able statutory interest rate for unpaid property taxes;
   6.  To enter into installment plans or repayment plans for purposes of
 paying delinquent taxes [where locally authorized];
   7. For owners who are senior citizens who are receiving a senior citi-
 zens exemption, an enhanced STAR exemption or an enhanced  STAR  credit,
 to receive a grace period of five business days to pay their taxes with-
 out  interest  in  a  local  government  that has opted to grant such an
 extension to such persons;
   8. In the event that their primary residence is  foreclosed  upon,  to
 have  all  debts  related to delinquent taxes owed on such primary resi-
 dence extinguished upon the foreclosure, except  when  they  have  reac-
 quired  title  pursuant  to  subdivision  four of section eleven hundred
 thirty-six of this article; provided, however,  that  nothing  contained
 herein  shall  be  construed to preclude a tax district from bringing an
 action against a former owner to recover reasonable  costs  incurred  in
 acting  pursuant  to  law to remove, abate or mitigate unsafe conditions
 and/or nuisances that were present on the property at the time of  fore-
 closure,  including  but  not limited to the demolition of unsafe struc-
 tures and the elimination of fire and health hazards where warranted[.];
   9. TO HAVE REAL PROPERTY TAX-LIEN  RELATED  FORECLOSURES  BE  JUDICIAL
 PROCEEDINGS;
   10.  TO ATTEND A PRE-FORECLOSURE SETTLEMENT CONFERENCE WITH THE TAXING
 JURISDICTION; AND
   11. TO HAVE HOMEOWNER PAYMENTS  TOWARD  DELINQUENT  TAXES  APPLIED  IN
 REVERSE CHRONOLOGICAL ORDER OF WHEN THE LIENS BECOME DUE.
   §  2.  Subdivision  2 of section 1104 of the real property tax law, as
 amended by chapter 532 of the laws of 1994, paragraph (iii)  as  further
 amended  by  subdivision (b) of section 1 of part W of chapter 56 of the
 laws of 2010, is amended to read as follows:
   2. The provisions of this article shall not be applicable to a county,
 city or town which: (i) on January first, nineteen hundred ninety-three,
 was authorized to enforce the collection of delinquent taxes pursuant to
 a county charter, city charter, administrative code or special law; (ii)
 adopted a local law, no later than July first, nineteen hundred  ninety-
 four,  providing  that  the  collection of taxes in such county, city or
 town shall continue to be enforced pursuant to  such  charter,  code  or
 special  law, as such charter, code or special law may from time to time
 be amended; and (iii) filed a copy of such local law  with  the  commis-
 sioner  no  later  than  August  first,  nineteen  hundred  ninety-four.
 PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANY PROVISIONS OF  ANY  GENERAL,
 SPECIAL  OR  LOCAL LAW TO THE CONTRARY, IF SUCH CHARTER, CODE OR SPECIAL
 LAW DOES NOT INCLUDE PROVISIONS ALLOWING FOR ANY "SURPLUS" AS DEFINED BY
 SECTION ELEVEN HUNDRED NINETY-FIVE OF THIS ARTICLE TO BE CLAIMED BY  THE
 FORMER  OWNER  OR OTHER PARTIES WHOSE INTERESTS WERE EXTINGUISHED BY THE
 FORECLOSURE OF A DELINQUENT TAX LIEN, THEN UNTIL SUCH CHARTER,  CODE  OR
 S. 5213--A                          3
 
 SPECIAL LAW IS AMENDED TO COMPLY WITH THE PROVISIONS OF TITLE THREE-A OF
 THIS  ARTICLE,  ANY CLAIMS FOR SURPLUS WITHIN SUCH TAX DISTRICT SHALL BE
 ADMINISTERED IN A MANNER SUBSTANTIALLY SIMILAR  TO  THAT  PRESCRIBED  BY
 TITLE  THREE-A  OF  THIS ARTICLE; AND PROVIDED FURTHER, THAT ON OR AFTER
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  TWENTY-
 FOUR  THAT AMENDED THIS SUBDIVISION, ALL LOCAL TAXING JURISDICTIONS MUST
 PROVIDE PROTECTIONS TO  HOMEOWNERS  AT  LEAST  AS  PROTECTIVE  AS  THOSE
 PRESCRIBED IN TITLE THREE-A OF THIS ARTICLE.
   §  3.  Subdivision  1 of section 1146 of the real property tax law, as
 added by section 12 of part BB of chapter 55 of the  laws  of  2024,  is
 amended to read as follows:
   1.  [The  governing  body  of  a tax district is hereby authorized and
 empowered to enact and amend a local law providing that in] IN the  case
 of  primary  residences with a tax delinquency greater than five hundred
 dollars but less than thirty thousand dollars or such other limit as may
 be provided by such local law, the property owner shall be permitted  to
 enter  into a repayment plan to cure a tax delinquency at any time until
 the date of redemption; PROVIDED HOWEVER, THAT EACH TAXING  JURISDICTION
 SHALL  BE  AUTHORIZED AND EMPOWERED TO ENACT A LOCAL LAW TO INCREASE THE
 MAXIMUM THRESHOLD OF THIRTY THOUSAND DOLLARS FOR TAX ARREARS BY  PASSAGE
 OF A LOCAL LAW, ORDINANCE, OR RESOLUTION.
   § 4. The real property tax law is amended by adding a new section 1149
 to read as follows:
   §  1149.  PRE-FORECLOSURE  SETTLEMENT CONFERENCES. 1.  NOTWITHSTANDING
 ANY INCONSISTENT GENERAL, SPECIAL, OR LOCAL LAW, LOCAL  TAX  ACT,  CODE,
 RULE, REGULATION, OR CHARTER PROVISION TO THE CONTRARY, NO TAXING JURIS-
 DICTION SHALL COMMENCE A FORECLOSURE ACTION AGAINST ANY PRIMARY RESIDENT
 HOMEOWNER  WITHOUT  FIRST  PROVIDING  SUCH  HOMEOWNER  WITH  THE  NOTICE
 REQUIRED PURSUANT TO SECTION ELEVEN HUNDRED FORTY-FOUR  OF  THIS  TITLE,
 AND  PROVIDING SUCH HOMEOWNER AN OPPORTUNITY TO ENGAGE IN A PRE-FORECLO-
 SURE SETTLEMENT CONFERENCE.
   2. THE PURPOSE OF SUCH SETTLEMENT CONFERENCE SHALL BE, AT  A  MINIMUM,
 TO  OFFER SUCH HOMEOWNER INFORMATION ABOUT THEIR RIGHTS AS ENUMERATED IN
 SECTION ELEVEN HUNDRED FORTY-TWO OF THIS TITLE, AND TO OFFER SUCH  HOME-
 OWNER  TO  OPT  INTO  A  REPAYMENT  PLAN AS ENUMERATED IN SECTION ELEVEN
 HUNDRED FORTY-SIX OF THIS TITLE.  SUCH HOMEOWNER SHALL  BE  INFORMED  AT
 SUCH SETTLEMENT CONFERENCES THAT THEY SHALL HAVE THE RIGHT TO ENTER INTO
 A REPAYMENT PLAN OF TWELVE, EIGHTEEN, TWENTY-FOUR, OR THIRTY-SIX MONTHS,
 AS ENUMERATED IN SECTION ELEVEN HUNDRED FORTY-SIX OF THIS TITLE, IF THEY
 SO  OPT  TO AVAIL THEMSELVES OF SUCH REPAYMENT PLAN. NO TAXING JURISDIC-
 TION SHALL INITIATE A FORECLOSURE PROCEEDING UNTIL AND UNLESS  AT  LEAST
 FOURTEEN  DAYS  HAVE  PASSED  SINCE  THE SETTLEMENT CONFERENCE HAS TAKEN
 PLACE AND THE PRIMARY RESIDENT HOMEOWNER HAS EITHER  NOT  OPTED  INTO  A
 REPAYMENT PLAN, OR HAS DEFAULTED UPON SUCH REPAYMENT PLAN.
   3. HOUSING COUNSELORS FROM NEW YORK-BASED HOMEOWNER PROTECTION PROGRAM
 AGENCIES  MAY ATTEND SUCH SETTLEMENT CONFERENCES, AND MAY PROVIDE INFOR-
 MATION TO SUCH HOMEOWNER AT SUCH SETTLEMENT CONFERENCES.
   4. LOCAL TAXING JURISDICTIONS MAY CONDUCT SUCH PRE-FORECLOSURE SETTLE-
 MENT CONFERENCES IN GROUP SETTINGS OR BATCHES, AND AN IN-PERSON  ATTEND-
 ANCE  OPTION  MUST  BE  OFFERED;  PROVIDED  HOWEVER,  THAT A HOMEOWNER'S
 INABILITY TO ATTEND SUCH PRE-FORECLOSURE SETTLEMENT CONFERENCE SHALL NOT
 BE A DEFENSE AGAINST A FORECLOSURE ACTION, SO LONG AS SUCH HOMEOWNER WAS
 PROPERLY NOTIFIED OF SUCH SETTLEMENT CONFERENCE, AND A  VIRTUAL  ATTEND-
 ANCE OPTION WAS PROVIDED.
   §  5.  The social services law is amended by adding a new section 97-a
 to read as follows:
 S. 5213--A                          4
 
   § 97-A. SENIOR, DISABLED, AND  VETERAN  HOMEOWNER  REAL  PROPERTY  TAX
 ASSISTANCE PROGRAM. 1. EACH SOCIAL SERVICES DISTRICT SHALL ASSIST ELIGI-
 BLE  HOUSEHOLDS  FOUND  IN  SUCH  DISTRICTS  TO OBTAIN REAL PROPERTY TAX
 ASSISTANCE. HOWEVER, ONLY THOSE PERSONS WHO QUALIFY  FOR  SENIOR,  DISA-
 BLED, OR VETERANS' ASSISTANCE IN ACCORDANCE WITH STATE REQUIREMENTS, AND
 STANDARDS  PROMULGATED BY THE DEPARTMENT, SHALL BE CERTIFIED AS ELIGIBLE
 FOR AND ENTITLED TO RECEIVE SAID HOMEOWNER REAL PROPERTY TAX ASSISTANCE.
 NO PERSON SHALL BE CERTIFIED AS ELIGIBLE FOR  AND  ENTITLED  TO  RECEIVE
 SAID  REAL  PROPERTY  TAX  ASSISTANCE IF NO FUNDS ARE AVAILABLE FOR SUCH
 PURPOSE.
   2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, RULE,  OR  REGU-
 LATION  TO THE CONTRARY, THE AMOUNT OF ANY REAL PROPERTY TAX PAYMENTS OR
 ALLOWANCES PROVIDED TO AN ELIGIBLE HOUSEHOLD UNDER  THIS  PROGRAM  SHALL
 NOT  BE  CONSIDERED  INCOME  OR  RESOURCES OF SUCH HOUSEHOLDS, OR OF ANY
 MEMBER THEREOF, FOR ANY PURPOSE UNDER ANY FEDERAL OR STATE LAW,  INCLUD-
 ING  ANY  LAW  RELATING  TO  TAXATION, FOOD STAMPS, PUBLIC ASSISTANCE OR
 OTHER BENEFITS AVAILABLE PURSUANT TO THIS CHAPTER.
   § 6. Section 972 of the real property tax law is amended by  adding  a
 new subdivision 6 to read as follows:
   6.   INSTALLMENT  PLANS.  NOTWITHSTANDING  ANY  INCONSISTENT  GENERAL,
 SPECIAL, OR LOCAL LAW, LOCAL TAX ACT, CODE, RULE, REGULATION, OR CHARTER
 PROVISION TO THE CONTRARY, BEGINNING IN ALL LOCAL FISCAL YEARS  COMMENC-
 ING  IN CALENDAR YEAR TWO THOUSAND TWENTY-FIVE AND THEREAFTER, ALL LOCAL
 TAXING JURISDICTIONS SHALL OFFER AN OPTION FOR TAXPAYERS TO  ENTER  INTO
 INSTALLMENT  PLANS  WHICH SHALL PERMIT COLLECTION OF TAXES ON AT LEAST A
 QUARTERLY BASIS.
   § 7. Section 975 of the real property tax law is amended by  adding  a
 new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING  ANY INCONSISTENT  GENERAL, SPECIAL, OR LOCAL LAW,
 LOCAL TAX ACT, CODE, RULE,  REGULATION,  OR  CHARTER  PROVISION  TO  THE
 CONTRARY,  BEGINNING  IN  ALL  LOCAL FISCAL YEARS COMMENCING IN CALENDAR
 YEAR TWO THOUSAND TWENTY-FIVE AND THEREAFTER, ALL LOCAL TAXING JURISDIC-
 TIONS  SHALL  PROMULGATE  AND  AMEND  SUITABLE  RULES  AND   REGULATIONS
 PRESCRIBING  THE NECESSARY FORMS FOR CARRYING INTO EFFECT THE PROVISIONS
 OF SUBDIVISION SIX OF SECTION NINE HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   § 8. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or subpart contained in any part  of  this  act  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, subdivision, section or subpart contained  in  any  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   § 9. This act shall take effect immediately.