§ 47-a. Payment of delinquent taxes in installments. 1. Definitions.
As used in this section:

(a) "Eligible delinquent taxes" means the combined amount of unpaid
taxes, special ad valorem levies, special assessments, and any penalties
and interest which have accrued and which the county has bid for
pursuant to section forty-five of this act.

(b) "Eligible owner" means an owner of small business property who
occupies such property for such purposes.

(c) "Small business" means property used for commercial purposes by a
business, the income of which did not exceed fifty thousand dollars and
which did not employ more than twenty full time employees at any time
since the date on which such taxes became a lien.

(d) "Income" means the net taxable income as defined by the internal
revenue code for the calendar year immediately preceding the date of
application for the installment payment of eligible delinquent taxes
pursuant to this section.

2. Installment payment of eligible delinquent taxes. The eligible
owner may enter into an agreement with the county treasurer to pay
eligible delinquent taxes in installments, as provided in this section,
at a date no earlier than one year after the date on which the eligible
delinquent taxes became a lien nor no later than three months prior to
the last date on which the property may be redeemed pursuant to section
forty-nine of this act, provided that all provisions of this section are
met. The burden of proof of eligibility for the provisions of this
section shall be on the applicant. The applicant shall submit
documentation to the treasurer which the treasurer shall deem to be
consistent with the provisions of this section and necessary to
determine the eligibility of such applicant.

3. Agreement to pay installment taxes. An eligible owner shall be
permitted to enter into an agreement to pay eligible delinquent taxes in
installments, as provided in this section, only where:

(a) All taxes, special ad valorem levies and special assessments
levied subsequent to the eligible delinquent taxes are paid prior to
approval of such agreement; or

(b) Such eligible owner is not the owner of another parcel or parcels
within the county against which a tax lien had been sold for unpaid
taxes within three years of the date of the creation of the lien
applicable to eligible delinquent taxes.

4. Agreement to pay eligible delinquent taxes in installments. The
agreement to pay eligible delinquent taxes in installments shall be kept
on file in the office of the county treasurer and shall be governed by
the provisions of this subdivision. The agreement shall provide:

(a) The term of the agreement, which shall not exceed twenty-four
months;

(b) The payment schedule, which shall be no less than bi-weekly and
may be monthly, quarterly or semi-annually;

(c) The payment shall be paid in equal installments on each payment
due date;

(d) The interest on the total amount of eligible delinquent taxes,
less the amount of down payment made by the eligible owner, shall be one
percent more than the amount as determined pursuant to section
thirteen-c of this act and at such rate in effect on the date that the
agreement is signed which rate shall remain constant during the period
of the agreement;

(e) Where the amount of the installment is not received by the end of
the fifteenth calendar day after the payment due date, a five percent
charge shall be added to the amount due for that installment period;

(f) For a down payment not to exceed twenty-five percent of eligible
delinquent taxes;

(g) Prepayments can only be made with the consent of the county and
only in an amount equal to at least one installment sum, or any multiple
thereof, and only at the time an installment payment is due; and

(h) Each installment shall be due on the same calendar date as the
agreement date.

5. Default. (a) The eligible owner shall be deemed to be in default of
the agreement upon:

(i) non-payment of any installment within thirty days from the payment
due date;

(ii) non-payment of any tax, special ad valorem levy or special
assessment by the date or date by which such tax may be paid without
penalty pursuant to paragraph (c) of section thirteen of this act and
which is levied subsequent to the signing of the agreement; or

(iii) sale of the subject parcel.

(b) In the event of a default, the entire unpaid balance, with
interest and late charges, shall be due. The county shall have the right
to enforce the collection of the remaining unpaid tax lien pursuant to
this act. In the event of a default and provided that the period to
redeem such property pursuant to section forty-nine of this act has,
except for the provisions of this section, expired, the last day to
redeem such property shall be sixty days after the date of default. In
the event of a default and provided that the period to redeem such
property pursuant to section forty-nine of this act has not expired, the
last day to redeem such property shall be the date provided in such
section.

(c) Notwithstanding section fifty-two of this act or section one
thousand fourteen of the real property tax law to the contrary, notice
of unredeemed real estate which is in default of the provisions of this
section shall be given and published once by the treasurer at least
thirty days prior to the last day to redeem such property as provided in
paragraph (b) of this subdivision and the notice by first class mail to
the name and address of the owner, or occupant, as shown on the
assessment roll shall be given no later than such date.

(d) Where an eligible owner is in default and the county does not
elect to immediately institute procedures to enforce its tax lien
purchase or to obtain a tax deed, the county shall not be deemed to have
waived the right to do so.

6. Notification of potential eligible owners. The county treasurer
shall notify, by first class mail, all potential eligible property
owners of property which is subject to a tax lien sale of the provisions
of this section. Such notice shall be in the same manner and given no
later than fourteen days after such personal notice is provided to the
taxpayer pursuant to section one thousand two of the real property tax
law.

7. Tax lien; not affected. The provisions of this section shall not
affect the tax lien against the property except in the reduction of such
lien and that the lien shall not be assigned, sold or foreclosed during
the period of installment payments, provided that such installment
payments are not in default.

8. The treasurer is authorized and empowered to establish other terms
and conditions which are consistent with and necessary to implement the
provisions of this section. Such terms and conditions shall be in
writing and available in the office of the treasurer.