Introduction 931-2015 Applying Tax Liens to Buildings with Outstanding Violations
This bill would provide that building code violations adjudicated before Environmental Control Board (ECB) in which a judgment has been entered against owners of certain residential and commercial buildings, but have not been paid by such owners, constitute tax liens on the property of such owners, which would subject the building of such to be foreclosed upon by the City if the judgment remains unpaid.
Proposed Int. No. 931-A
By Council Members Kallos, Chin, Johnson, Levin, Levine, Menchaca, Mendez, Reynoso, Rosenthal, Rose, Lander, Lancman and Rodriguez
A Local Law to amend the administrative code of the city of New York, in relation to building violations adjudicated before the office of administrative trials and hearings
Be it enacted by the Council as follows:
Section 1. Section 28-204.6 of chapter 2 of title 28 of the administrative code of the city of New York, as added by local law number 33 for the year 2007, is amended to read as follows:
§ 28-204.6 Tax Lien. Enforcement of environmental control board judgments against owners for certain building code violations. Notwithstanding any provision of law to the contrary, each environmental control board judgment against an owner for a building code violation with respect to [a private dwelling, a wooden-framed single room occupancy multiple dwelling, or a dwelling with a legal occupancy of three or fewer dwelling units] (i) a building that contains twenty or more dwelling units, or that contains any space classified in an occupancy group other than occupancy group R, where the total value of all such judgments against such building is sixty thousand dollars or more or (ii) a building that contains only space classified in occupancy group R and no fewer than six and no more than nineteen dwelling units, where the total value of all such judgments against such building is fifteen thousand dollars or more, shall constitute a tax lien on the property named in the violation with respect to which such judgment was rendered, as hereinafter provided. Such liens shall be entered and enforced as provided in this section 28-204.6.
§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of buildings and the commissioner of finance may promulgate rules or take other actions for the implementation of this local law prior to such effective date.