S1478-2011 Actions

• Jan 4, 2012: REFERRED TO CITIES
• Jan 7, 2011: REFERRED TO CITIES

S1478-2011 Memo

BILL NUMBER:S1478

TITLE OF BILL:
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
Brooklyn to former owner Chester Wilkins, notwithstanding
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.
1651, Lot No. 52 on tax map for the borough of Brooklyn

PURPOSE:
This bill authorizes the city of New York to reconvey its
interest in certain Brooklyn property acquired by the in rem tax
foreclosure to distributees or devisees of prior owner Chester Wilkins.

SUMMARY OF PROVISIONS:
Through a Brooklyn in rem tax foreclosure
auction, the city of New York acquired the title of premises
designated as Block No. 1651, Lot No. 52 also known as 697A Jefferson
Avenue, in the borough of Brooklyn, based on non-payment of taxes due
to extraordinary circumstance received by Chester Wilkins.

JUSTIFICATION:
Pursuant to section 11-424.1 of the administration code
of the city of New York, the city may release its interest in
property thus acquired if an application for such a release is filed
within two years of the date on which the city's deed is recorded and
if such application is approved by the in rem foreclosure release
board. The period has now elapsed, and state legislation is necessary
to restore the aforementioned property to the former owner.

LEGISLATIVE HISTORY:
A.6731 of 2005-06
A.4234 of 2007-08
A.3753 of 2009-10

EFFECTIVE DATE:
This act shall take effect immediately.

S1478-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 S. 1478                                                  A. 1425
 2011-2012 Regular Sessions
 SENATE - ASSEMBLY
 January 7, 2011
 
 IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
 printed, and when printed to be committed to the Committee on Cities
 IN ASSEMBLY -- Introduced by M. of A. ROBINSON -- 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 Brooklyn to former owner Chester  Wilkins,  notwithstanding
 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.  1651, Lot No. 52 on tax map for the borough of Brooklyn
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. Findings. On April 17, 1979, through a Brooklyn in rem tax
 foreclosure action, the city of New  York  acquired  title  to  premises
 designated  as  lot  52  in tax block 1651, also known as 697A Jefferson
 Avenue, in the borough of Brooklyn, based on non-payment of taxes due to
 inadvertence by Chester Wilkins, the  former  owner  of  such  property.
 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 application for such a release is filed with  the  city's
 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 foreclosure 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 property be at public auction or by sealed bids
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00256-01-1
 
       S. 1478                             2                            A. 1425
 (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 1651, lot 52, on the tax map of the city for the borough of Brook
 lyn as said map was on April 17, 1979, to Chester  Wilkins,  the  former
 record owner of said property on such date.
 

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 the gran
 tees meeting the following conditions precedent:

 (a) Submit an application for release in writing to the  city  commis
 sioner  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.

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