Authorizes the city of Buffalo to add unpaid housing code violations to the city's annual tax levy

Title of bill

An act to amend the real property tax law, in relation to authorizing the city of Buffalo to add unpaid housing code violation penalties, costs and fines to the city's annual tax levy in accordance with applicable law

Purpose

To allow the City of Buffalo to deem finally adjudicated fines imposed upon real property for building code violations as delinquent taxes.

Summary of provisions

Section 1: Authorizes the City of Buffalo to collect any unpaid housing code violation penalties, costs and fines through placement by the city's commissioner of finance on the city's annual tax levy in accordance with the applicable provisions of the city's tax and assessment act.

Subdivision 2: Provides that in order for such unpaid housing code violation penalties, costs and fines to be eligible for placement on the city's annual tax levy, to have been adjudicated and imposed through a judgment in a court of competent jurisdiction on an owner of real property within the city, as certified by the city's corporation counsel to the commissioner of finance, and have remained unpaid for one year preceding the placement. on the city's tax levy.

Subdivision 3: Such housing code violation penalty, cost or fine as set forth in a copy of the judgment certified by the corporation counsel to the commissioner of finance shall be set down in the annual tax levy under the heading uncollected fines and penalties and shall be levied, enforced and collected in the same manner, by the same proceedings, at the same time, under the same penalties and having the same lien upon the property assessed as the general city tax and as a part thereof.

Section 2 specifies that this legislation shall take effect immediately.

Existing law

None

Justification

The purpose of this legislation is to hold property owners who do not reside in a property that has been cited by a municipality for building code violations accountable. Often colloquially referred to as "slumlords", these absentee landlords allow properties to deteriorate with little-to-no recourse, as municipalities often face difficulties in enforcing and collecting fines. These problem properties plague neighborhoods and communities across New York State, negatively impacting quality of life and property values for nearby residents. By authorizing the City of Buffalo to pass local laws allowing for unpaid fines to be included as a tax lien on the property, property owners will be forced to pay the fines or risk the property being foreclosed upon.

Fiscal implications

None to the state. Positive for the City of Buffalo.

Effective date

This act shall take effect immediately.