New York S 2719: Relates to authorizing the city of Niagara Falls to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy

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S02719 Summary:

BILL NOS02719 

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SAME ASSAME AS A04554

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SPONSORORTT

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COSPNSR

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MLTSPNSR

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Add §905-a, RPT L

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Authorizes the city of Niagara Falls to add unpaid housing code violation penalties, costs and fines to such city's annual tax levy.

Go to top S02719 Actions:

BILL NOS02719 

&nbsp

01/22/2025REFERRED TO LOCAL GOVERNMENT

01/07/2026REFERRED TO LOCAL GOVERNMENT

Go to topS02719 Committee&nbspVotes:

Go to topS02719 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02719 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2719

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sen. ORTT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Local Government

 AN ACT to amend the real property tax law, in relation to authorizing
 the city of Niagara Falls to add unpaid housing code violation penal-
 ties, costs and fines to such city's annual tax levy

 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 905-a to read as follows:
 3 § 905-a. Collection of unpaid housing code violation penalties; city
 4 of Niagara Falls; levy. 1. Authorization. In addition to and not in
 5 limitation of any power otherwise granted by law, the city of Niagara
 6 Falls is hereby authorized to collect any unpaid housing, building and
 7 fire code violation penalties, costs and fines through placement by the
 8 city controller on the city's annual tax levy in accordance with the
 9 provisions of this section.
 10 2. Eligibility. In order to be eligible for placement on the city of
 11 Niagara Falls' annual tax levy such unpaid code violation penalties,
 12 costs and fines shall have been adjudicated and imposed through a judg-
 13 ment in a court of competent jurisdiction on an owner of real property
 14 within the city and recorded by the county clerk, as certified by the
 15 city's corporation counsel to the city controller and have remained
 16 unpaid for one year after the final adjudication and exhaustion of all
 17 appeals relating to the imposition of the fines for a code violation
 18 preceding the placement on the city's tax levy.
 19 3. Minimum amount owed. To qualify for placement on the tax levy the
 20 amount owed for unpaid code violations must be at least five percent of
 21 the amount of the tax assessed value of the property.
 22 4. Levy. Such code violation penalty, cost or fine as set forth in a
 23 copy of the judgment certified by the corporation counsel to such city
 24 controller shall be set down in the annual tax levy under the heading

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01212-01-5

 S. 2719 2

 1 uncollected fines and penalties and in accordance with this section
 2 shall be levied, enforced and collected in the same manner, by the same
 3 proceedings, at the same time, under the same penalties and having the
 4 same lien upon the property assessed as the tax levy of such munici-
 5 pality and as a part thereof.
 6 5. Notice. The city of Niagara Falls shall notify all owners or known
 7 interested parties of record of the placement of the code violations on
 8 the city tax levy as uncollected fines and penalties within thirty days
 9 of placement, pursuant to section three hundred eight of the civil prac-
 10 tice law and rules. The notice shall include the date or dates of such
 11 violations, the description of the violations, the amount owed, a state-
 12 ment detailing the foreclosure process that will occur if the violations
 13 remain unpaid, the process to claim any surplus funds and the contact
 14 information for the city's office in charge of receiving payments.
 15 6. Tax year. Any unpaid code violations shall be placed on the tax
 16 roll the city of Niagara Falls is currently in and shall not be placed
 17 on a list, roll or levy of delinquent taxes.
 18 7. Owner occupied. Notwithstanding any other applicable provisions of
 19 law, nothing in this section shall be applied to a residential dwelling
 20 that is owner-occupied or is the primar