Authorizes NYC to reconvey certain properties acquired by in rem tax foreclosure in the borough of Manhattan to Debora Unger and Anthony Marcus.
Law Section: New York City
Law Section: New York City
- Jan 4, 2012: referred to cities
- Jan 5, 2011: referred to cities
S T A T E O F N E W Y O R K
586 2011-2012 Regular Sessions I N ASSEMBLY (PREFILED)
January 5, 2011
Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Cities AN ACT authorizing the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Manhattan to Debora Unger and Anthony Marcus, notwithstand ing expiration of the two year period within which application may be made to the city to release its interest in property thus acquired; Block No. 2074, Lot No. 15 and Block No. 1949, Lot No. 5 on the tax map for the borough of Manhattan THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Findings. On May 25, 1978, through a Manhattan in rem tax foreclosure action, the city of New York acquired title to premises designated as lot no. 15 in tax block 2074, also known as 525 West 142nd Street, in the borough of Manhattan, and lot no. 5 in tax block 1949, also known as 361 West 122nd Street, in the borough of Manhattan, based on non-payment of taxes due to inadvertence by Mary Weisstein, the former owner of such property who is now deceased. Pursuant to sections 11-424 and 11-424.1 of the administrative code of the city of New York, the city may release its interest in property thus acquired if an appli cation for such a release is filed with the department of citywide administrative services within two years of the date on which the city's deed is recorded and if such application is approved by the in rem fore closure release board. Since that period has now elapsed, and pending the effectiveness of a chapter of the laws of 2011 authorizing the in rem foreclosure release board to authorize the release of property where an application for such release is made more than two years after the date of the city's acquisition thereof, state legislation is necessary to restore said property to the aforesaid former owner. In addition, since the New York city charter requires that the sale of city owned EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03612-01-1
A. 586 2 property be at public auction or by sealed bids (except as otherwise provided by law), state legislative authorization is necessary to permit said reconveyance.
S 2. Notwithstanding any other provision of general, special or local law, charter or administrative code to the contrary and subject to section three of this act, the city of New York is hereby authorized to release its interest in and reconvey the real property designated as tax block 2074, lot no. 15 and tax block 1949, lot no. 5 on the tax map of the city for the borough of Manhattan as said map was on January 1, 1972, to Debora Unger and Anthony Marcus.
S 3. Such release and reconveyance may be made only upon the approval of the in rem foreclosure release board established by section 11-424.1 of the administrative code of the city of New York, subject to Debora Unger and Anthony Marcus meeting the following conditions precedent:
(a) Submit an application for release in writing to the city commis sioner of the department of citywide administrative services accompanied by a certified title search, affidavit of ownership, and all fees and payments as otherwise required by section 11-424 of the administrative code of the city of New York. (b) Pay all taxes, interest, penalties and charges otherwise required by section 11-424 of the administrative code of the city of New York upon approval of the application by the in rem foreclosure release board.
S 4. This chapter of the laws of 2011 shall not be deemed to be the chapter upon the effectiveness of which paragraph (2) of subdivision a of section 11-424 of the administrative code of the city of New York, under local law, depends. Accordingly, the provisions of such paragraph (2) shall not apply to the release and reconveyance authorized to be made herein.
S 5. This act shall take effect immediately.