BILL NUMBER: S6015A
SPONSOR: BASKIN
 
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 or pursuant to state law, after one year of
delinquent taxes instead of two years.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Section 9-1.0 of Chapter 812 of the Laws of
1942, constituting the Erie County Tax Act, to permit foreclosure on
real property certified as vacant and abandoned under either section
1309 of the Real Property Actions and Proceedings Law or section 1111-a
of the Real Property Tax Law, after one year of tax delinquency. For
such properties, the holder of a tax sale certificate may initiate fore-
closure proceedings in either Erie County Court or Supreme Court. Addi-
tionally, for properties certified under section 1111-a of the Real
Property Tax Law, Erie County shall follow the procedures for enforce-
ment pursuant to Article 11 of the Real Property Tax Law.
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
comply with the maintenance standards in the Foreclosure Relief Act of
2016, others walk away from properties and stop paying property taxes.
This leaves properties to sit vacant while municipalities wait two years
of tax delinquency before initiating foreclosure. In many cases, these
properties deteriorate beyond repair during that time, leaving munici-
palities responsible for costly demolition.
This legislation allows Erie County to act more rapidly, after just one
year of delinquent taxes, on properties certified as vacant and aban-
doned, whether under section 1309 of the RPAPL or section 1111-a of the
RPTL. These provisions provide flexibility and ensure timely enforce-
ment, helping to return neglected properties to productive use and
stabilize affected neighborhoods.
 
LEGISLATIVE HISTORY:
2023-24: S6487
2021-22: S3858
2019-20: S253
2017-18: S6580
 
FISCAL IMPLICATIONS:
None.  
EFFECTIVE DATE:
Immediately.