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S6580Senate2017-2018 Session

Speed Up Erie Foreclosures

Official title

“Relates to decreasing the time a vacant property may sit in foreclosure in Erie County”

Sponsor Patrick M. GallivanSD-59+2 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Rules

What's happening

This bill allows Erie County to begin foreclosure on certified vacant and abandoned properties after one year of unpaid taxes, instead of two.

Why it matters

  1. Speeds up Erie County’s ability to reclaim and repurpose vacant and abandoned properties. , which can help address blight, public safety concerns, and neighborhood decline by shortening the wait before foreclosure proceedings can begin.

  2. May encourage property owners to take quicker action to pay back taxes or rehabilitate properties. , knowing that foreclosure could happen a full year sooner on neglected and abandoned parcels.

  3. Could improve local government finances and community revitalization efforts. by allowing faster transfer of derelict properties to new owners or developers, potentially putting them back on the tax rolls and into productive use more quickly.

  4. Targets only properties officially certified as vacant and abandoned. , ensuring the expedited process is focused on the most problematic sites rather than occupied homes, which may help prevent unnecessary displacement.

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Who cares

Headline styles

Speed Up Erie Foreclosures

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1234
  5. Referred to finance
  6. Returned to senate
  7. Died in assembly
  8. Referred to judiciary
  9. Delivered to assembly
  10. Passed senateVote 60–0
  11. Ordered to third reading cal.1821
  12. Referred to rules

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 6580 A. 8265

2017-2018 Regular Sessions

SENATE - ASSEMBLY

June 5, 2017

IN SENATE -- Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

IN ASSEMBLY -- Introduced by M. of A. KEARNS -- read once and referred to the Committee on Judiciary

AN ACT to amend the Erie county tax act, in relation to decreasing the time a vacant property may sit in foreclosure in Erie county

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 9-1.0 of chapter 812 of the laws of 1942, constituting the Erie county tax act, is amended to read as follows:

§ 9-1.0 When foreclosure may be taken. (a) Whenever a tax sale certificate issued on any tax sale shall be outstanding, unredeemed and unpaid for a period of not less than two years nor more than twenty-five years after the issuance thereof and no conveyance has been taken thereunder, the holder of such tax sale certificate, including the county of Erie, may bring an action to recover the amount paid for such certificate with all interest, penalties, additions and expenses as in this act provided. For that purpose, such a holder may maintain an action in the supreme court or in the county court of Erie county for the sale of the lands affected by such certificate. Jurisdiction of such action is hereby expressly conferred upon such county court.

(b) For real property that has been certified vacant and abandoned pursuant to section thirteen hundred nine of the real property actions and proceedings law, whenever a tax sale certificate issued on any tax sale shall be outstanding, unredeemed and unpaid for a period of not less than one year nor more than twenty-five years after the issuance thereof and no conveyance has been taken thereunder, the holder of such tax sale certificate, including the county of Erie, may bring an action to recover the amount paid for such certificate with all interest, penalties, additions and expenses as in this act provided. For that

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD11980-01-7

S. 6580 2 A. 8265

purpose, such a holder may maintain an action in the supreme court or in the county court of Erie county for the sale of the lands affected by such certificate. Jurisdiction of such action is hereby expressly conferred upon such county court.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the Erie county tax act, in relation to decreasing the time a vacant property may sit in foreclosure in Erie county

Purpose

To allow Erie County to foreclose on a property, certified as vacant and abandoned by a municipality, after one year of delinquent taxes instead of two years.

Summary of provisions

Section 1 of the bill amends chapter 812 of the laws of 1942, constituting the Erie county tax act, by providing authority to foreclose on vacant and abandoned real property following one year of tax delinquency.

Section 2 establishes the effective date.

Justification

The issue of vacant and abandoned or "Zombie" foreclosures has been the cause of blight in neighborhoods across New York State since the foreclosure crisis began: Erie County is no exception. While some banks have chosen to comply with the new maintenance standards set out in the Foreclosure Relief Act of 2016, some have chosen instead to walk away from properties and stop paying the property taxes. This leaves vacant properties to sit while municipalities wait for two years of delinquent taxes before a County tax foreclosure can begin. Often times two years without maintenance can result in a property deteriorating beyond the point of repair and the municipality may be left with the responsibility and cost of demolition. In allowing Erie County to foreclose after one year of delinquent taxes on vacant and abandoned properties, the County can facilitate the transfer of these properties to a more productive use.

Legislative history

New bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.

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