What's happening
This bill allows Rockland County municipalities to add certain unpaid housing code violation fines to property tax bills, with protections for owner-occupied homes and tenants.
Why it matters
Creates a new enforcement tool for municipalities. By allowing Rockland County municipalities to add large, unpaid housing, building, and fire code fines directly to property tax bills, the bill gives local governments a stronger mechanism to collect penalties from non-compliant property owners—potentially increasing code compliance and public safety.
Built-in protections for vulnerable groups. The law specifically exempts owner-occupied homes and primary residences, ensuring that families living in their own homes are not at risk of foreclosure due to these fines. It also requires municipalities to help tenants in affected properties by developing programs for housing counseling and relocation assistance before any foreclosure, aiming to prevent displacement of renters.
Due process and transparency. The bill requires that only fines that have been adjudicated in court, recorded, and left unpaid for at least a year can be added to the tax bill, and only if they exceed 5% of the property’s assessed value. Property owners and all interested parties must be notified, with clear information provided about the violations, amounts owed, and the foreclosure process.
Opportunities to resolve issues and avoid foreclosure. Property owners can avoid foreclosure by curing the violations or paying the fines before the redemption period ends. If violations are fixed, foreclosure is halted and any remaining debt is treated as a regular lien rather than a tax lien—reducing the risk of losing the property. Payment plans are also allowed, offering flexibility to resolve debts.
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Who cares
Headline styles
Add Code Fines to Taxes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to real property taxation
- Referred to real property taxation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Fines to Property Taxes
In Senate Committee · Local Government · Sponsor David Carlucci
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3800
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. ZEBROWSKI, JAFFEE -- read once and referred to the Committee on Real Property Taxation
AN ACT to amend the real property tax law, in relation to authorizing certain municipalities to add unpaid housing code violation penalties, costs and fines to such municipalities' annual tax levy in accordance with applicable law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The real property tax law is amended by adding a new section 903 to read as follows:
§ 903. Collection of unpaid housing code violation penalties; levy. 1. Authorization. In addition to and not in limitation of any power otherwise granted by law, municipalities in the county of Rockland, including the county of Rockland, are hereby authorized to collect any unpaid housing, building and fire code violation penalties, costs and fines through placement by the municipality's commissioner of finance, treasurer, or other public official charged with the duties of overseeing tax collections on the municipality's annual tax levy in accordance with the provisions of this section.
2. Eligibility. In order to be eligible for placement on the municipality's annual tax levy such unpaid code violation penalties, costs and fines shall have been adjudicated and imposed through a judgment in a court of competent jurisdiction on an owner of real property within the municipality and recorded by the county clerk, as certified by the municipal counsel to the commissioner of finance, treasurer or other public official charged with the duties of overseeing tax collections and have remained unpaid for one year after the final adjudication and exhaustion of all appeals relating to the imposition of the fines for a code violation preceding the placement on the municipality's tax levy.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06174-01-9
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3. Minimum amount owed. To qualify for placement on the tax levy the amount owed for unpaid code violations must be at least five percent of the amount of the tax assessed value of the property.
4. Levy. Such code violation penalty, cost or fine as set forth in a copy of the judgment certified by the municipal counsel to the commissioner of finance, treasurer or other public official charged with the duties of overseeing tax collections shall be set down in the annual tax levy under the heading uncollected fines and penalties and in according with this section 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 municipal tax and as a part thereof.
5. Notice. The municipality shall notify all owners or known interested parties of record of the placement of the code violations on the municipal tax levy as uncollected fines and penalties within thirty days of placement, pursuant to section three hundred eight of the civil practice law and rules. The notice shall include the date or dates of such violations, the description of the violations, the amount owed, a statement detailing the foreclosure process that will occur if the violations remain unpaid, the process to claim any surplus funds and the contact information for the municipal office in charge of receiving payments.
6. Tax year. Any unpaid code violations shall be placed on the tax roll the municipality is currently in and shall not be placed on a list, roll or levy of delinquent taxes.
7. Owner occupied. Notwithstanding any other applicable provisions of law, nothing in this section shall be applied to a residential dwelling that is owner-occupied or is the primary residence of a homeowner.
8. Tenants. Prior to the placement of any property with unpaid code violations on the tax levy, the municipality shall develop a program to assist tenants residing in a dwelling at risk for tax foreclosure due to unpaid code violations. Such program shall include housing counseling assistance or other support in relocating the tenants to suitable housing prior to the tax foreclosure.
9. Payment plan. Nothing in this section shall preclude an owner or landlord from entering into a payment plan with a municipality for past amounts due for code violations.
10. Curing code violations. (a) If all of the violations for which the penalties, fees and costs have been assessed are cured, removed or corrected prior to the expiration of the period for redemption pursuant to section eleven hundred ten of this chapter, the property shall be removed from the levy and auction and the balance of the amount owed shall be placed as a lien on the property pursuant to applicable laws for debt collection and an action for foreclosure of the property shall not be maintained for the amount owed. In the village of Upper Nyack, the time period for redemption shall be the same time period set forth by the village of Upper Nyack for the village's annual tax levy.
(b) The determination of whether or not the code violations have been cured shall be made by the local municipal enforcing officer in charge of ensuring compliance with applicable housing, building, and fire codes such as a code enforcement officer. An appeal of this determination may be made to the municipality's zoning board of appeals or other local administrative body as provided for in local law. The final determination made by the administrative body shall be reviewable pursuant to article seventy-eight of the civil practice law and rules.
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(c) This section shall not be applicable to any cause of action brought for money due based on the curing of code violations under any form for receivership or a mechanics lien.
11. Payment prior to auction. (a) If the balance owed for code violations placed on the tax levy is paid prior to the expiration of the period for redemption pursuant to section eleven hundred ten of this chapter and there is no balance due for unpaid real property taxes, the property may not be auctioned, and the property shall be removed from the tax levy. In the village of Upper Nyack the time period for redemption shall be the same time period set forth by the village of Upper Nyack for the village's annual tax levy.
(b) The owner shall have the right to pay the full balance prior to the expiration of the period for redemption pursuant to section eleven hundred ten of this chapter in order to redeem the property. In the village of Upper Nyack the time period for redemption shall be the same time period set forth by the village of Upper Nyack for the village's annual tax levy.
12. Surplus. Any surplus funds remaining after the sale of a property at a tax foreclosure for unpaid code violations shall be returned to the former owner of the property in a manner provided under local law. This provision shall not apply to a sale of a property at a tax foreclosure due to unpaid taxes. If a property has both unpaid taxes and unpaid code violations on the same tax levy and is auctioned at a tax foreclosure the amount of the surplus funds returned to the former owner shall be proportionate to the amount of unpaid code violations owed in the total amount of debt owed to the municipality. For the purpose of this section, "surplus funds" shall mean the balance of money received after auction of a property at a tax foreclosure sale minus the amount owed for code violations and the costs and attorneys fees incurred in the collection of the fees by the municipalities.
13. Balance due. If after an auction a balance is due for code violations, the municipality may proceed with any action against the former owner pursuant to applicable laws.
14. Exclusions. The provisions of this section shall not apply to any municipality that sells their tax liens in a tax lien sale.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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