BILL NUMBER: S640
SPONSOR: RYAN S
 
TITLE OF BILL:
An act in relation to enacting the "city of Buffalo historic preserva-
tion receivership act"
 
PURPOSE:
To provide procedures enabling competent entities to acquire and reha-
bilitate vacant and abandoned properties in the city of Buffalo consist-
ent with the city of Buffalo housing court act.
 
SUMMARY OF PROVISIONS:
Section 1: Short title.
Section 2: Legislative findings and purpose.
Section 3: Definitions.
Section 4: Provides steps for initiating proceedings, including: filing
of petitions, notice of lis pendens, notification of the owner of record
and other interested parties, and rules regarding adjacent properties.
Section 5: Outlines process for appointment of receiver, including: a
process by which other interested parties may intervene, what evidence
may be presented at the hearing and by whom, conditions for receiver-
ship, conditional relief, immediate possession, and removal as receiver.
Section 6: Enumerates the powers and duties of the receiver, which
include (but are not limited to): taking possession and control of the
building, collecting accounts receivable, pursuing all claims or causes
of action of the owner, contracting for repair and maintenance of the
building, borrowing money and incurring credit, and purchase materials
for repairs.
Section 7: Explains the receiver's ownership interests and liabilities.
Section 8: Describes the process by which the receiver may incur indebt-
edness.
Section 9: Outlines process for sale of the property both by the receiv-
er and by the owner or lienholders. Includes processes for distribution
of proceeds of sale where necessary.
Section 10: Specifies when and how a receivership may be terminated,
including: abatement of code violations, request of owner or lienholder
(along with presentation of plan to abate code violations and repay
receiver), sale of premises, or failure to fulfill receivership require-
ments.
Section 11: Provides categories of property to which this section does
not apply, including land owned by the federal government or by active
duty military personnel.
Section 12: Effective date.
 
EXISTING LAW:
Subdivision (f) of section 202 of article X of chapter 570 of the laws
of 1909 (City of Buffalo Housing Court Act).
 
JUSTIFICATION:
There are many buildings of historic and cultural significance in the
city of Buffalo, and many of these buildings have fallen into disrepair.
In instances where the building is vacant or abandoned, there is no
existing procedure for repairing code violations, even though the City
of Buffalo Housing Court Act imbued the Housing Court with the authority
to engage in such receiverships.
This bill outlines specific procedures for contacting owners, initiating
legal proceedings, holding hearings, appointing receivers (either a
qualified nonprofit or a financial institution with an interest in the
property), and completing the receivership.
Enabling Buffalo housing court to conduct more receivership proceedings
for vacant and abandoned properties will both increase the number of
available residential and commercial properties available for occupancy,
and maintain the historic character of the City of Buffalo, all while
ensuring due process.
 
LEGISLATIVE HISTORY:
2024: S.7765/A.10542 Passed Senate
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.