2006 New York Code - Agreements For Payment Of Delinquent Taxes And Charges In Installments.

 
    §  11-426  Agreements  for  payment of delinquent taxes and charges in
  installments.  a.  During  the  period  beginning  on  December  second,
  nineteen   hundred  seventy-seven  and  ending  on  March  thirty-first,
  nineteen hundred seventy-eight, the commissioner of finance, or, when so
  specified hereinafter, the commissioner of general  services,  shall  be
  authorized   and  empowered  to  make  and  execute  agreements  in  the
  circumstances and subject to the terms, conditions and  limitations  set
  forth in the following subdivisions of this section.
    b.  (1)  Whenever it shall appear that a tax lien on a parcel has been
  due and unpaid for a period of at least six  months  from  the  date  on
  which  the  tax,  assessment  or  other legal charge represented thereby
  became a lien, the commissioner of finance may enter into  an  agreement
  with  the  owner  of  such  parcel  or  other person claiming to have an
  interest therein providing for the payment  of  such  delinquent  taxes,
  assessments  or  other  legal  charges  and  interest  and  penalties in
  installments, the first of which shall be  equal  to  at  least  fifteen
  percent  of such arrears and shall be payable upon the execution of such
  agreement. Each remaining installment shall be  equal  to  at  least  an
  amount  produced  by  dividing  the  balance of such arrears by a factor
  determined by multiplying the number of quarters of such arrears by  two
  hundred  percent.  In no event, however, shall the factor referred to in
  the preceding sentence be in excess of thirty-two. Each  such  remaining
  installment  shall  be  payable  quarterly  on  the  first days of July,
  October, January and April.
    (2) If an agreement authorized by the preceding paragraph is  executed
  prior to the time the commissioner of finance files in the office of the
  appropriate county clerk a list of delinquent taxes covering the borough
  or  portion  of the borough in which the subject parcel is located, such
  parcel shall be excluded from such list of delinquent  taxes,  provided,
  at the time such list is filed, there is no default in the agreement and
  all  current taxes, assessments or other legal charges have been paid as
  they became due or within the period of grace provided by  law.  In  the
  event  of  any  default  in  the agreement or any failure to make timely
  payment of any current item, the parcel shall, if  then  delinquent  for
  the  applicable  period  specified in section 11-404 of this chapter, be
  eligible for inclusion in any list of delinquent taxes thereafter filed.
    (3) If an in rem foreclosure action has  been  commenced  against  any
  parcel  prior  to  December  second, nineteen hundred seventy-seven, the
  commissioner of finance may, notwithstanding the provisions of paragraph
  three of subdivision a of section 11-413 of this chapter, enter into  an
  agreement  authorized  and described in the foregoing provisions of this
  section with respect to such parcel. However, if such  an  agreement  is
  entered  into  subsequent  to  the last date for redemption specified in
  subdivision a of section 11-407 of this chapter, there shall be paid  to
  the  commissioner  of  finance at the time said agreement is executed an
  amount equal  to  the  penalty  which  would  have  been  payable  under
  subdivision c of section 11-407 of this chapter had the person executing
  the  agreement  made  a late redemption payment. Such amount shall be in
  addition to any installment payments  required  to  be  made  under  the
  agreement  and  shall  not  be  credited  against  any  such installment
  payments. Any parcel which is the subject of an agreement made  pursuant
  to  this  paragraph  may, prior to final judgment, be withdrawn from the
  action, provided there  has  been  no  default  in  the  agreement,  and
  provided  further  that  all  current  taxes, assessments or other legal
  charges are paid when they become due or  within  the  period  of  grace
  provided  by  law. Such withdrawal shall be effected by the commissioner
  of finance in the manner provided in section 11-413 of this chapter.


    (4) Any  person  who,  prior  to  December  second,  nineteen  hundred
  seventy-seven,  has  made,  executed  and filed with the commissioner of
  finance an agreement pursuant to the provisions of  paragraph  three  of
  subdivision  a  of section 11-413 of this chapter, shall be permitted to
  make  application  to  the  commissioner  of  finance for the purpose of
  having  such  agreement  cancelled  and  a  new  agreement  executed  as
  hereinabove provided.
    If  an  agreement  executed prior to December second, nineteen hundred
  seventy-seven is not cancelled as herein provided, any installments  due
  and  payable  under  such  agreement  on  or after April first, nineteen
  hundred seventy-eight shall be subject to interest at the rate specified
  in paragraph five of this subdivision, but only if, as of  April  first,
  nineteen hundred seventy-eight, there is no default in the agreement and
  all  current  taxes,  assessments  or other legal charges have been paid
  within the  time  allowed  by  law.  Such  rate  of  interest  shall  be
  calculated  in  the  manner  and  shall be subject to all the conditions
  provided in said paragraph five.
    (5) When an agreement has been entered into pursuant  to  any  of  the
  preceding  paragraphs  of  this subdivision, the commissioner of finance
  shall, notwithstanding the  rates  of  interest  prescribed  in  section
  11-224,  11-312  or  11-313  of  this title, charge, collect and receive
  interest on the arrears due and  payable  under  such  agreement  to  be
  calculated  at  the  rate  of  seven percent per annum from April first,
  nineteen  hundred  seventy-eight  to  the  date  of  payment   of   each
  installment.  Any  interest  accrued  or  accruing prior to April first,
  nineteen hundred seventy-eight shall not be affected by  the  provisions
  of  this  paragraph, but shall be charged, collected and received in the
  manner and at the rates specified in section 11-224, 11-312 or 11-313 of
  this title. The  seven  percent  rate  of  interest  specified  in  this
  paragraph  shall  be  applicable  only if (i) there is no default in the
  agreement entered into as provided in this section, and (ii) all current
  taxes, assessments or other legal charges are paid as they become due or
  within the period of grace provided by law. In the event of any  default
  or failure to make timely payment of any current item, the seven percent
  rate of interest specified in this paragraph shall thereupon cease to be
  applicable  and  the  commissioner  of  finance shall thereafter charge,
  collect and receive interest in the manner and at  the  rates  otherwise
  specified in this title.
    (6)  In addition to the terms and conditions required by the preceding
  paragraphs of this subdivision to be included in  agreements  authorized
  by  this  section,  the  commissioner  of  finance  may,  in  his or her
  discretion,  include  in  such  agreements  such  additional  terms  and
  conditions,  not  inconsistent  with  this section, as such commissioner
  determines to be necessary in order to properly carry out the provisions
  of this section. The commissioner of finance may also adopt  such  rules
  and  regulations as may be necessary to carry out the provisions of this
  section.
    c. (1) If, pursuant to  the  provisions  of  section  11-424  of  this
  chapter, an application for the release of property acquired by the city
  through  in  rem  tax  foreclosure  is made within the four-month period
  specified in subdivision f  of  section  11-424  of  this  chapter,  and
  provided  such  application  is  made  during  the  period  specified in
  subdivision  a  of  this  section,  the  following  paragraphs  of  this
  subdivision  shall, at the election of the applicant, apply with respect
  to such application and the release sought thereby.
    (2) At the time of filing the application for  release,  an  applicant
  who  elects  to  have the provisions of this subdivision apply to him or
  her, shall pay to the city the  amounts  specified  in  paragraphs  two,


  three  and  four of subdivision d of section 11-424 of this chapter, for
  this purpose, the amount specified in paragraph  two  thereof  shall  be
  deemed  to  be  the  amount  which  would  have been required to be paid
  thereunder  had  this  section  not  been in effect. Concurrent with the
  making of such payment, the applicant shall enter into an agreement with
  the commissioner of general services providing for the  payment  of  all
  current  taxes,  assessments  or  other legal charges on the property as
  they become due or within the grace period  provided  by  law,  and,  in
  addition, providing for the payment of the amount specified in paragraph
  one  of subdivision d of section 11-424 of this chapter in installments,
  the first of which shall be equal to at  least  twenty-five  percent  of
  such  amount  and shall be payable upon the execution of such agreement.
  The balance of such amount shall be payable in  twelve  equal  quarterly
  installments, each of which shall be paid quarterly on the first days of
  July, October, January and April.
    (3)  Pending approval by the corporation counsel of an application for
  release as to form, timeliness and eligibility  of  the  applicant,  all
  payments  made  pursuant  to  the  preceding  paragraph shall be held in
  escrow;  in  the  event  the   corporation   counsel   disapproves   the
  application,  such  payments shall be returned to the applicant, and the
  agreement executed by him or her shall thereupon be cancelled.
    (4) In the case  of  any  agreement  made  and  executed  pursuant  to
  paragraph  two  thereof,  interest  on  any  installment due and payable
  thereunder shall, notwithstanding the rates of  interest  prescribed  in
  section  11-224,  11-312  or 11-313 of this title, be charged, collected
  and received at the rate of seven percent per annum  from  April  first,
  nineteen   hundred   seventy-eight  to  the  date  of  payment  of  each
  installment. Any interest accrued or  accruing  prior  to  April  first,
  nineteen  hundred  seventy-eight shall not be affected by the provisions
  of this paragraph, but shall be charged, collected and received  in  the
  manner and at the rates specified in section 11-224, 11-312 or 11-313 of
  this  title.  The  seven  percent  rate  of  interest  specified in this
  paragraph shall be applicable only if (i) there is  no  default  in  the
  agreement  entered  into  as  provided in this subdivision, and (ii) all
  current taxes, assessments or other  legal  charges  are  paid  as  they
  become due or within the period of grace provided by law.
    (5)  No  release  for which application has been made pursuant to this
  subdivision shall be granted until the final payment under the agreement
  herein provided is received by the city.  Upon  receipt  of  such  final
  payment  by the city the corporation counsel shall effect the release in
  the manner provided in section 11-424 of this chapter. In the  event  of
  any  default in an agreement executed as provided in this subdivision or
  any failure to pay current taxes, assessments or other legal charges  as
  they  become  due  or  within  the  grace  period  provided by law, such
  agreement shall thereupon become void,  the  release  process  shall  be
  terminated,  and all payments theretofore made shall be forfeited to the
  city.
    (6) In addition to the terms and conditions required by the  preceding
  paragraphs  of  this subdivision to be included in agreements authorized
  thereby, the commissioner  of  general  services  may,  in  his  or  her
  discretion,  include  in  such  agreements  such  additional  terms  and
  conditions, not inconsistent with this subdivision, as the  commissioner
  determines to be necessary in order to properly carry out the provisions
  hereof.  The  commissioner of general services may also adopt such rules
  and regulations as may be necessary to carry out the provisions of  this
  subdivision.