What's happening
This bill allows Erie County to begin foreclosure actions on vacant and abandoned properties after one year of unpaid taxes, instead of two.
Why it matters
Speeds up Erie County’s ability to reclaim vacant, abandoned properties. By reducing the waiting period for foreclosure from two years to one, the county can more quickly address blight and public safety issues associated with abandoned buildings.
Potentially accelerates neighborhood revitalization. Quicker foreclosures may help remove barriers for redevelopment or reuse of vacant lots, enabling new housing, businesses, or community projects to take root sooner.
Targets only properties officially certified as “vacant and abandoned”. The change does not affect occupied homes or other properties, focusing efforts on those buildings that are already a known problem for the community.
May increase pressure on absentee owners to act. With a shorter window before foreclosure, property owners who are neglecting abandoned sites might be more motivated to pay taxes or rehabilitate the property, reducing long-term vacancy.
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Who cares
Headline styles
Speed Up Erie Foreclosures
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to local government
- Referred to local government
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
253
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KENNEDY, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05762-01-9
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, constitut- ing the Erie county tax act, by providing authority to foreclose on vacant and abandoned real property following one year of tax delinquen- cy.
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 fore- closure crisis began: Erie County is no exception. While some banks have chosen to comply with the new maintenance standards set out in the Fore- closure Relief Act of 2016, some have chosen instead to walk away from properties and stop paying the property taxes. This leaves vacant prop- erties 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 trans- fer of these properties to a more productive use.
Legislative history
2017-18: S.6580
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.