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S5493Senate2009-2010 SessionSame asA3487

Releases Yeshivas Novominsk from all New York city department of health and mental hygiene charges assessed against real property located in the borough of Brooklyn

Sponsor Carl KrugerSD-27Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Carl Kruger

Senator · Senate District 27

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to release Yeshivas Novominsk from all New York city department of health and mental hygiene charges assessed against real property located within the borough of Brooklyn

Purpose

The purpose of the bill is to release Yeshivas Novominsk from charges assessed against it by the New York City Department of Health.

Summary of provisions

Section 1 of the bill explains the justification for the bill. Section 2 of the bill authorizes the city of New York to release Yeshivas Novominsk from the Department of Health charges.

Justification

As the findings section of the bill makes clear, Yeshivas Novominsk, a non-profit institution dedicated to providing religious and secular instruction to students, acquired title to its premises in October of 1999. The former owner of said property, Yeshiva Tifereth Elimelech, had New York City Department of Health charges assessed against the property on New York City Department of Finance tax bills for alleged cleanup work during the period that the premises were not occupied, from January of 1997 through November of 1999. Yeshiva Tifereth Elimelech vigorously protested those charges and further presented detailed evidence to the City that they were not given ample time to conduct their own cleanup work, that the Department of Health's repeated inspections and pest exterminations were unnecessary, and the like. Despite Yeshiva Tifereth Elimelech's ongoing legal efforts to have the charges reduced or eliminated, the City continued to assess the charges and also charged interest on the disputed amounts. For a variety of reasons the City has informed Yeshiva Tifereth Elimelech that they can no longer appeal the assessed charges. In the interim the property was acquired by Yeshivas Novominsk, which has now been charged for the disputed Department of Health work done on the property prior to their taking possession. Yeshivas Novominsk is also being charged ongoing interest on the disputed charges. The Department of Health also did work at the property shortly after Yeshivas Novominsk took possession without any notice to the new owner. As a matter of equity, Yeshivas Novominsk should not be held responsible for charges incurred prior to their owning the property, let alone interest on those charges, yet the City refuses to release them from the charges, and continues to add interest. All attempts at legal and political solutions have been tried and failed.

Prior legislative history

None.

Fiscal implications

No fiscal implications for the state.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.