Bill S333-2011

Authorizes the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Bronx to former owner St. Peter's Lutheran Church

Authorizes the city of New York to reconvey its interest in certain real property acquired by in rem tax foreclosure in the borough of Bronx to former owner St. Peter's Lutheran Church notwithstanding expiration of the two year period within which application may be made to the city to release its interest in property thus acquired.

Details

Actions

  • Aug 17, 2011: SIGNED CHAP.452
  • Aug 5, 2011: DELIVERED TO GOVERNOR
  • Jun 17, 2011: returned to senate
  • Jun 17, 2011: passed assembly
  • Jun 17, 2011: home rule request
  • Jun 17, 2011: ordered to third reading rules cal.435
  • Jun 17, 2011: substituted for a7007
  • Jun 17, 2011: referred to ways and means
  • Jun 17, 2011: DELIVERED TO ASSEMBLY
  • Jun 17, 2011: PASSED SENATE
  • Jun 17, 2011: HOME RULE REQUEST
  • Jun 16, 2011: ORDERED TO THIRD READING CAL.1314
  • Jun 16, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 5, 2011: REPORTED AND COMMITTED TO FINANCE
  • Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO CITIES

Votes

VOTE: COMMITTEE VOTE: - Cities - Apr 5, 2011
Ayes (6): Lanza, DeFrancisco, Grisanti, Robach, Avella, Oppenheimer

Memo

BILL NUMBER:S333

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 Bronx to former owner St. Peter's Lutheran Church, 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. 2285, Lot No. 73 on tax map for the borough of Bronx

PURPOSE OR GENERAL IDEA OF BILL: To permit St. Peter's Lutheran Church to re-acquire title to premises located at 431 East 140th Street, The Bronx, designated as lot number 73 in block number 2285.

SUMMARY OF PROVISIONS: Section 1. Findings. States that 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 general services within two years of the date on which the city's deed is recorded. If such period has elapsed, state legislation is necessary for reconveyance. Such release may be made upon approval of the city of New York, subject to the former owner meeting conditions set forth by the City of New York.

Section 2. Authorizes the City of New York to release its interest and reconvey the real property designated as tax block 2285, lot 73 for the Borough of the Bronx, to St. Peter's Lutheran Church.

Section 3. Provides that 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. Specifies that certain conditions must be met.

Section 4. Refers to Section 11-424, subdivision a, paragraph 2 of the Administrative Code of the City of New York: Application to the city for release of property acquired by in rem tax foreclosure.

Section 5. Effective Date.

JUSTIFICATION:

In 1981, through Bronx in rem tax foreclosure action the City of New York acquired title to premises designated as lot No. 73 in tax block 2285, based on non-payment of taxes due to non-payment of real estate taxes. This bill will allow such property to be returned to the owner provided specific conditions are met.

LEGISLATIVE HISTORY: 2010: S.8139 - Referred to Cities/A.111402 - Referred to Cities

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 333 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed 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 Bronx to former owner St. Peter's Lutheran Church, notwith- standing 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. 2285, Lot No. 73 on tax map for the borough of Bronx THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Findings. On September 25, 1981, through a Bronx in rem tax foreclosure action, the city of New York acquired title to premises designated as lot 73 in tax block 2285, also known as 431 East 140th Street, in the borough of Bronx, based on non-payment of taxes due to inadvertence by St. Peter's Lutheran Church, 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 prop- erty 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 (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 2285, lot 73, on the tax map of the city for the borough of Bronx as said map was on September 25, 1981 to St. Peter's Lutheran Church, 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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