Senate Bill S9091

2023-2024 Legislative Session

Relates to civil penalties and fines related to conditions or uses of land

download bill text pdf

Sponsored By

Current 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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2023-S9091 (ACTIVE) - Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add Art 7-B §150, Gen Muni L

2023-S9091 (ACTIVE) - Summary

Provides that a civil penalty arising from a violation related to the condition or use of real property, which is assessed, levied, or results from a prosecution by a municipality, may be applied against the property at which the violation is found.

2023-S9091 (ACTIVE) - Sponsor Memo

2023-S9091 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9091
 
                             I N  S E N A T E
 
                              April 22, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to  civil  penal-
   ties and fines related to conditions or uses of land
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general municipal law is amended by adding a new  arti-
 cle 7-B to read as follows:
                                 ARTICLE 7-B
      CIVIL PENALTIES AND FINES RELATED TO CONDITIONS OR USES OF LAND
 SECTION 150. IN REM CIVIL PENALTIES AND FINES.
   §  150. IN REM CIVIL PENALTIES AND FINES. 1. ANY CIVIL PENALTY ARISING
 FROM A VIOLATION RELATED TO THE CONDITION OR USE OF REAL PROPERTY, WHICH
 CIVIL PENALTY IS ASSESSED, LEVIED, OR RESULTS FROM A  PROSECUTION  BY  A
 MUNICIPALITY, MAY BY DECLARATION OF THE COURT OR ADMINISTRATIVE TRIBUNAL
 ADJUDICATING THE CIVIL PENALTY, IN ITS DETERMINATION OR JUDGMENT ASSERT-
 ING  SUCH  PENALTY,  DECLARE THAT THE PENALTY MAY BE APPLIED AGAINST THE
 PROPERTY AT WHICH THE VIOLATION IS FOUND, IN REM, JOINTLY AND  SEVERALLY
 WITH  ANY OTHER PERSON OR ENTITY LIABLE FOR THE PENALTY. WHERE THE CIVIL
 PENALTY IS APPLIED IN REM, THE OWNER OF THE PROPERTY MUST BE A PARTY  TO
 THE PROCEEDING ADJUDICATING OR ASSESSING THE CIVIL PENALTY.
   2.  IN ADDITION TO ANY OTHER MEANS OF ENFORCEMENT OR COLLECTION OF THE
 CIVIL PENALTY, ANY SUCH CIVIL PENALTY DECLARED AGAINST A PROPERTY MAY BE
 ENFORCED AGAINST THE PROPERTY IN REM IN AN ACTION AGAINST  THE  PROPERTY
 IN  THE  MANNER OF COLLECTING A DEBT; OR IN THE ALTERNATIVE, BE ADDED TO
 THE TAX LEVY OF THE PROPERTY IN THE YEAR FOLLOWING THE  ADJUDICATION  OF
 THE FINE.
   3. IN ANY CASE WHERE A TOWN OR VILLAGE OR OTHER LOCAL GOVERNMENT ENTI-
 TY HAS BEEN CREDITED FOR UNPAID DELINQUENT TAXES BY THE COUNTY, PURSUANT
 TO SECTION NINE HUNDRED THIRTY-SIX OF THE REAL PROPERTY TAX LAW, FOR ANY
 AMOUNT  THAT  INCLUDES A CIVIL PENALTY, AND SUCH CIVIL PENALTY IS SUBSE-
 QUENTLY DEEMED INVALID IN WHOLE OR IN PART  FOR  ANY  REASON,  THEN  THE
 PRINCIPAL  AMOUNT  OF  THE CIVIL PENALTY DEEMED TO BE INVALID, PLUS SUCH
 INTEREST AND PENALTIES AS MAY HAVE ACCRUED  ON  SUCH  PRINCIPAL  AMOUNT,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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