A 5033: Authorizes the City of Newburgh to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy in accordance with applicable law.

  
  STATE OF NEW YORK ________________________________________________________________________ 5033 2025-2026 Regular Sessions  IN ASSEMBLY February 11, 2025 ___________ Introduced by M. of A. JACOBSON -- read once and referred to the Commit- tee on Real Property Taxation AN ACT to amend the real property tax law, in relation to authorizing the city of Newburgh to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy in accordance with applicable law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property tax law is amended by adding a new 2 section 903 to read as follows: 3 § 903. Collection of unpaid housing code violation penalties; levy. 1. 4 Authorization. In addition to and not in limitation of any power other- 5 wise granted by law, the city of Newburgh is hereby authorized to 6 collect any unpaid housing, building and fire code violation penalties, 7 costs and fines through placement by the city's director of finance, 8 treasurer, or other public official charged with the duties of oversee- 9 ing tax collections on the city's annual tax levy in accordance with the 10 provisions of this section. 11 2. Eligibility. In order to be eligible for placement on the munici- 12 pality's annual tax levy such unpaid code violation penalties, costs and 13 fines shall have been adjudicated and imposed through a judgment in a 14 court of competent jurisdiction on an owner of real property within the 15 city and recorded by the county clerk, as certified by the city's corpo- 16 ration counsel to the director of finance, treasurer or other public 17 official charged with the duties of overseeing tax collections and have 18 remained unpaid for one year after the final adjudication and exhaustion 19 of all appeals relating to the imposition of the fines for a code 20 violation preceding the placement on the city's tax levy. 21 3. Minimum amount owed. To qualify for placement on the tax levy the 22 amount owed for unpaid code violations must be at least five percent of 23 the amount of the tax assessed value of the property. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01583-01-5 
 A. 5033 2 1 4. Levy. Such code violation penalty, cost or fine as set forth in a 2 copy of the judgment certified by the city's corporation counsel to the 3 director of finance, treasurer or other public official charged with the 4 duties of overseeing tax collections shall be set down in the annual tax 5 levy under the heading uncollected fines and penalties and in accordance 6 with this section shall be levied, enforced and collected in the same 7 manner, by the same proceedings, at the same time, under the same penal- 8 ties and having the same lien upon the property assessed as the general 9 city tax and as a part thereof. 10 5. Notice. The city shall notify all owners of record of the placement 11 of the code violations on the city tax levy as uncollected fines and 12 penalties within thirty days of placement, pursuant to section three 13 hundred eight of the civil practice law and rules. The notice shall 14 include the date or dates of such violations, the description of the 15 violations, the amount owed, a statement detailing the foreclosure proc- 16 ess that will occur if the violations remain unpaid and the contact 17 information for the city office in charge of receiving payments. 18 6. Tax year. Any unpaid code violations shall be placed on the tax 19 roll the city is currently in and shall not be placed on a list, roll or 20 levy of delinquent taxes. 21 7. Owner occupied. Notwithstanding any other applicable provisions of 22 law, nothing in this section shall be applied to a residential dwelling 23 that is owner-occupied or is the primary residence of a homeowner. 24 8. Tenants. Prior to the placement of any property with unpaid code 25 violations on the tax levy, the city shall develop a program to assist 26 tenants residing in a dwelling at risk for tax foreclosure due to unpaid 27 code violations. Such program shall include housing counseling assist- 28 ance or other support in relocating the tenants to suitable housing 29 prior to the tax foreclosure. 30 9. Payment plan. Nothing in this section shall preclude an owner or 31 landlord from entering into a payment plan with the city for past 32 amounts due for code violations in accordance with section eleven 33 hundred eighty-four of this chapter. 34 10. Curing code violations. (a) If all of the violations for which the 35 penalties, fees and costs have been assessed are cured, removed or 36 corrected prior to the expiration of the period for redemption pursuant 37 to section eleven hundred ten of this chapter, and penalties, costs and 38 fines are paid in full, the property shall be removed from the levy and 39 auction and the balance of the amount owed shall be placed as a lien on 40 the property pursuant to applicable laws for debt collection and an 41 action for foreclosure of the property shall not be maintained for the 42 amount owed. 43 (b) The determination of whether or not the code violations have been 44 cured shall be made by the city enforcing officer in charge of ensuring 45 compliance with applicable housing, building, and fire codes such as a 46 code enforcement officer. An appeal of this determination may be made 47 to the city's zoning board of appeals or other local administrative body 48 as provided for in local law. The final determination made by the admin- 49 istrative body shall be reviewable pursuant to article seventy-eight of 50 the civil practice law and rules. 51 11. Payment prior to auction. (a) If the balance owed for code 52 violations placed on the tax levy is paid prior to the expiration of the 53 period for redemption pursuant to section eleven hundred ten of this 54 chapter and there is no balance due for unpaid real property taxes, the 55 property may not be auctioned, and the property shall be removed from 56 the tax levy. 
 A. 5033 3 1 (b) The owner shall have the right to pay the full balance prior to 2 the expiration of the period for redemption pursuant to section eleven 3 hundred ten of this chapter in order to redeem the property. 4 12. Surplus. Any surplus funds remaining after the sale of a property 5 at a tax foreclosure for unpaid code violations shall be returned to the 6 former owner of the property in a manner provided under local law. This 7 provision shall not apply to a sale of a property at a tax foreclosure 8 due to unpaid taxes. If a property has both unpaid taxes and unpaid code 9 violations on the same tax levy and is auctioned at a tax foreclosure 10 the amount of the surplus funds returned to the former owner shall be 11 proportionate to the amount of unpaid code violations owed in the total 12 amount of debt owed to the municipality. For the purpose of this 13 section, "surplus funds" shall mean the balance of money received after 14 auction of a property at a tax foreclosure sale minus the amount owed 15 for code violations and the costs and attorneys fees incurred in the 16 collection of the fees by the municipalities. 17 13. Balance due. If after an auction a balance is due for code 18 violations, the city may proceed with any action against the former 19 owner pursuant to applicable laws. 20 14. Exclusions. The provisions of this section shall not apply to the 21 city if the city sells its tax liens in a tax lien sale. 22 § 2. This act shall take effect immediately.