STATE OF NEW YORK
________________________________________________________________________
373--A
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
___________
Introduced by M. of A. HOYT, FINCH, GIGLIO, MAGNARELLI, MILLMAN, SCHI-
MEL, JAFFEE, BROOK-KRASNY, CAHILL, LUPARDO, ENGLEBRIGHT, SCARBOROUGH,
P. RIVERA, PERRY, LAVINE, ABINANTI, WEPRIN, BRONSON -- Multi-Sponsored
by -- M. of A. BARCLAY, BOYLAND, BRENNAN, BURLING, CROUCH, GABRYSZAK,
MAISEL, McENENY, McKEVITT, McLAUGHLIN, MOLINARO, MONTESANO, MURRAY,
ROBERTS, ROBINSON, SPANO, TENNEY, WEISENBERG -- read once and referred
to the Committee on Local Governments -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the not-for-profit corporation law and the public
authorities law, in relation to providing for the creation and admin-
istration of land banks, for the conversion of vacant, abandoned or
tax-delinquent properties into productive use
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The not-for-profit corporation law is amended by adding a
2 new article 16 to read as follows:
3 ARTICLE 16
4 LAND BANKS
5 Section 1600. Short title.
6 1601. Legislative intent.
7 1602. Definitions.
8 1603. Creation and existence.
9 1604. Applicability of New York law.
10 1605. Board of directors.
11 1606. Staff.
12 1607. Powers.
13 1608. Acquisition of property.
14 1609. Disposition of property.
15 1610. Financing of land bank operations.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01212-09-1
A. 373--A 2
1 1611. Borrowing and issuance of bonds.
2 1612. Public records and public meetings.
3 1613. Dissolution of land bank.
4 1614. Conflicts of interest.
5 1615. Construction, intent and scope.
6 1616. Delinquent property tax enforcement.
7 1617. Contracts.
8 § 1600. Short title.
9 This article shall be known and may be cited as the "land bank act".
10 § 1601. Legislative intent.
11 The legislature finds and declares that New York's communities are
12 important to the social and economic vitality of the state. Whether
13 urban, suburban, or rural, many communities are struggling to cope with
14 vacant, abandoned, and tax-delinquent properties.
15 There exists a crisis in many cities and their metro areas caused by
16 disinvestment in real property and resulting in a significant amount of
17 vacant and abandoned property. For example, Cornell Cooperative Exten-
18 sion Association of Erie county estimates that the city of Buffalo has
19 thirteen thousand vacant parcels, four thousand vacant structures and an
20 estimated twenty-two thousand two hundred ninety vacant residential
21 units. This condition of vacant and abandoned property represents lost
22 revenue to local governments and large costs ranging from demolition,
23 effects of safety hazards and spreading deterioration of neighborhoods
24 including resulting mortgage foreclosures.
25 The need exists to strengthen and revitalize the economy of the state
26 and its local units of government by solving the problems of vacant and
27 abandoned property in a coordinated manner and to foster the development
28 of such property and promote economic growth. Such problems may include
29 multiple taxing jurisdictions lacking common policies, ineffective prop-
30 erty inspection, code enforcement and property rehabilitation support,
31 lengthy and/or inadequate foreclosure proceedings and lack of coordi-
32 nation and resources to support economic revitalization.
33 There is an overriding public need to confront the problems caused by
34 vacant, abandoned and tax-delinquent properties through the creation of
35 new tools to be available to communities throughout New York enabling
36 them to turn vacant spaces into vibrant places.
37 Land banks are one of the tools that can be utilized by communities to
38 facilitate the return of vacant, abandoned, and tax-delinquent proper-
39 ties to productive use. The primary focus of land bank operations is
40 the acquisition of real property that is tax delinquent, tax foreclosed,
41 vacant, abandoned, and the use of tools authorized in this article to
42 eliminate the harms and liabilities caused by such properties.
43 § 1602. Definitions.
44 The following words and phrases when used in this article shall have
45 the meanings given to them in this section unless the context clearly
46 indicates otherwise:
47 (a) "board of directors" or "board" shall mean the board of directors
48 of a land bank;
49 (b) "land bank" shall mean a land bank established as a type C not-
50 for-profit corporation under this chapter and in accordance with the
51 provisions of this article and pursuant to this article;
52 (c) "foreclosing governmental unit" shall mean "tax district" as
53 defined in subdivision six of section eleven hundred two of the real
54 property tax law;
55 (d) "municipality" shall mean a city, village, town or county other
56 than a county located wholly within a city;
A. 373--A 3
1 (e) "school district" shall mean a school district as defined under
2 the education law; and
3 (f) "real property" shall mean lands, lands under water, structures
4 and any and all easements, air rights, franchises and incorporeal hered-
5 itaments and every estate and right therein, legal and equitable,
6 including terms for years and liens by way of judgment, mortgage or
7 otherwise, and any and all fixtures and improvements located thereon.
8 § 1603. Creation and existence.
9 (a) Any foreclosing governmental unit may create a land bank by the
10 adoption of a local law, ordinance, or resolution as appropriate to such
11 foreclosing governmental unit which action specifies the following:
12 (1) the name of the land bank;
13 (2) the number of members of the board of directors, which shall
14 consist of an odd number of members, and shall be not less than five
15 members nor more than eleven members;
16 (3) the initial individuals to serve as members of the board of direc-
17 tors, and the length of terms for which they are to serve;
18 (4) the qualifications, manner of selection or appointment, and terms
19 of office of members of the board; and
20 (5) the articles of incorporation for the land bank, which shall be
21 filed with the secretary of state in accordance with the procedures set
22 forth in this chapter.
23 (b) Two or more foreclosing governmental units may enter into an
24 intergovernmental cooperation agreement which creates a single land bank
25 to act on behalf of such foreclosing governmental units, which agreement
26 shall be authorized by and be in accordance with the provisions of para-
27 graph (a) of this section. Such intergovernmental agreement shall
28 include provisions for dissolution of such land bank.
29 (c) Any foreclosing governmental units and any municipality may enter
30 into an intergovernmental cooperation agreement which creates a single
31 land bank to act on behalf of such foreclosing governmental unit or
32 units and municipality, which agreement shall be authorized by and be in
33 accordance with the provisions of paragraph (a) of this section. Such
34 intergovernmental agreement shall include provisions for dissolution of
35 such land bank.
36 (d) Except when a land bank is created pursuant to paragraph (b) or
37 (c) of this section, in the event a county creates a land bank, such
38 land bank shall have the power to acquire real property only in those
39 portions of such county located outside of the geographical boundaries
40 of any other land bank created by any other foreclosing governmental
41 unit located partially or entirely within such county.
42 (e) A school district may participate in a land bank pursuant to an
43 intergovernmental cooperation agreement with the foreclosing govern-
44 mental unit or units that create the land bank, which agreement shall
45 specify the membership, if any, of such school district on the board of
46 directors of the land bank, or the actions of the land bank which are
47 subject to approval by the school district.
48 (f) Each land bank created pursuant to this act shall be a type C
49 not-for-profit corporation, and shall have permanent and perpetual dura-
50 tion until terminated and dissolved in accordance with the provisions of
51 section sixteen hundred thirteen of this article.
52 (g) Nothing in this article shall be construed to authorize the exist-
53 ence of more than ten land banks located in the state at one time,
54 provided further that each foreclosing governmental unit or units
55 proposing to create a land bank shall submit such local law, ordinance
56 or resolution as required by paragraph (a) of this section, to the urban
A. 373--A 4
1 development corporation, for its review and approval. The creation of a
2 land bank shall be conditioned upon approval of the urban development
3 corporation.
4 (h) The office of the state comptroller shall have the authority to
5 audit any land bank pursuant to this article.
6 § 1604. Applicability of New York law.
7 This article shall apply only to land banks created pursuant to this
8 article.
9 § 1605. Board of directors.
10 (a) (1) The initial size of the board shall be determined in accord-
11 ance with section sixteen hundred three of this article. Unless
12 restricted by the actions or agreements specified in section sixteen
13 hundred three of this article, the provisions of this section shall
14 apply.
15 (2) The size of the board may be adjusted in accordance with by-laws
16 of the land bank.
17 (b) In the event that a land bank is created pursuant to an intergov-
18 ernmental agreement in accordance with section sixteen hundred three of
19 this article, such intergovernmental cooperation agreement shall specify
20 matters identified in paragraph (a) of section sixteen hundred three of
21 this article; provided, however, that each foreclosing governmental unit
22 shall have at least one appointment to the board.
23 (c) Any public officer shall be eligible to serve as a board member
24 and the acceptance of the appointment shall neither terminate nor impair
25 such public office. For purposes of this section, "public officer" shall
26 mean a person who is elected to a municipal office. Any municipal
27 employee or appointed officer shall be eligible to serve as a board
28 member.
29 (d) The members of the board of directors shall select annually from
30 among themselves a chairman, a vice-chairman, a treasurer, and such
31 other officers as the board may determine, and shall establish their
32 duties as may be regulated by rules adopted by the board.
33 (e) The board shall establish rules and requirements relative to the
34 attendance and participation of members in its meetings, regular or
35 special. Such rules and regulations may prescribe a procedure whereby,
36 should any member fail to comply with such rules and regulations, such
37 member may be disqualified and removed automatically from office by no
38 less than a majority vote of the remaining members of the board, and
39 that member's position shall be vacant as of the first day of the next
40 calendar month. Any person removed under the provisions of this para-
41 graph shall be ineligible for reappointment to the board, unless such
42 reappointment is confirmed unanimously by the board.
43 (f) A vacancy on the board shall be filled in the same manner as the
44 original appointment.
45 (g) Board members shall serve without compensation, shall have the
46 power to organize and reorganize the executive, administrative, cler-
47 ical, and other departments of the land bank and to fix the duties,
48 powers, and compensation of all employees, agents, and consultants of
49 the land bank. The board may reimburse any member for expenses actually
50 incurred in the performance of duties on behalf of the land bank.
51 (h) The board shall meet in regular session according to a schedule
52 adopted by the board, and also shall meet in special session as convened
53 by the chairman or upon written notice signed by a majority of the
54 members.
55 (i) A majority of the members of the board, not including vacancies,
56 shall constitute a quorum for the conduct of business. All actions of
A. 373--A 5
1 the board shall be approved by the affirmative vote of a majority of the
2 members of that board present and voting; provided, however, no action
3 of the board shall be authorized on the following matters unless
4 approved by a majority of the total board membership:
5 (1) adoption of by-laws and other rules and regulations for conduct of
6 the land bank's business;
7 (2) hiring or firing of any employee or contractor of the land bank.
8 This function may, by majority vote of the total board membership, be
9 delegated to a specified officer or committee of the land bank, under
10 such terms and conditions, and to the extent, that the board may speci-
11 fy;
12 (3) the incurring of debt;
13 (4) adoption or amendment of the annual budget; and
14 (5) sale, lease, encumbrance, or alienation of real property, improve-
15 ments, or personal property.
16 (j) Members of a board shall not be liable personally on the bonds or
17 other obligations of the land bank, and the rights of creditors shall be
18 solely against such land bank.
19 (k) Vote by proxy shall not be permitted. Any member may request a
20 recorded vote on any resolution or action of the land bank.
21 (l) Each director, officer and employee shall be a state officer or
22 employee for the purposes of sections seventy-three and seventy-four of
23 the public officers law.
24 § 1606. Staff.
25 A land bank may employ a secretary, an executive director, its own
26 counsel and legal staff, and such technical experts, and such other
27 agents and employees, permanent or temporary, as it may require, and may
28 determine the qualifications and fix the compensation and benefits of
29 such persons. A land bank may also enter into contracts and agreements
30 with municipalities for staffing services to be provided to the land
31 bank by municipalities or agencies or departments thereof, or for a land
32 bank to provide such staffing services to municipalities or agencies or
33 departments thereof.
34 § 1607. Powers.
35 (a) A land bank shall constitute a type C not-for-profit corporation
36 under New York law, which powers shall include all powers necessary to
37 carry out and effectuate the purposes and provisions of this article,
38 including the following powers in addition to those herein otherwise
39 granted:
40 (1) adopt, amend, and repeal bylaws for the regulation of its affairs
41 and the conduct of its business;
42 (2) sue and be sued in its own name and plead and be impleaded in all
43 civil actions, including, but not limited to, actions to clear title to
44 property of the land bank;
45 (3) to adopt a seal and to alter the same at pleasure;
46 (4) to make contracts, give guarantees and incur liabilities, borrow
47 money at such rates of interest as the land bank may determine;
48 (5) to issue negotiable revenue bonds and notes according to the
49 provisions of this article;
50 (6) to procure insurance or guarantees from the state of New York or
51 federal government of the payments of any debts or parts thereof
52 incurred by the land bank, and to pay premiums in connection therewith;
53 (7) to enter into contracts and other instruments necessary to the
54 performance of its duties and the exercise of its powers, including, but
55 not limited to, intergovernmental agreements under section one hundred
A. 373--A 6
1 nineteen-o of the general municipal law for the joint exercise of powers
2 under this article;
3 (8) to enter into contracts and other instruments necessary to the
4 performance of functions by the land bank on behalf of municipalities or
5 agencies or departments of municipalities, or the performance by munici-
6 palities or agencies or departments of municipalities of functions on
7 behalf of the land bank;
8 (9) to make and execute contracts and other instruments necessary to
9 the exercise of the powers of the land bank; and any contract or instru-
10 ment when signed by the chairman or vice-chairman of the land bank, or
11 by an authorized use of their facsimile signatures, and by the secretary
12 or assistant secretary, or, treasurer or assistant treasurer of the land
13 bank, or by an authorized use of their facsimile signatures, shall be
14 held to have been properly executed for and on its behalf;
15 (10) to procure insurance against losses in connection with the real
16 property, assets, or activities of the land bank;
17 (11) to invest money of the land bank, at the discretion of the board
18 of directors, in instruments, obligations, securities, or property
19 determined proper by the board of directors, and name and use deposito-
20 ries for its money;
21 (12) to enter into contracts for the management of, the collection of
22 rent from, or the sale of real property of the land bank;
23 (13) to design, develop, construct, demolish, reconstruct, rehabili-
24 tate, renovate, relocate, and otherwise improve real property or rights
25 or interests in real property;
26 (14) to fix, charge, and collect rents, fees and charges for the use
27 of real property of the land bank and for services provided by the land
28 bank;
29 (15) to grant or acquire a license, easement, lease (as lessor and as
30 lessee), or option with respect to real property of the land bank;
31 (16) to enter into partnership, joint ventures, and other collabora-
32 tive relationships with municipalities and other public and private
33 entities for the ownership, management, development, and disposition of
34 real property;
35 (17) to inventory vacant, abandoned and tax foreclosed properties;
36 (18) to develop a redevelopment plan to be approved by the foreclosing
37 governmental unit or units;
38 (19) to be subject to municipal building codes and zoning laws;
39 (20) to enter in agreements with a foreclosing governmental unit for
40 the distribution of revenues to the foreclosing governmental unit and
41 school district; and
42 (21) to do all other things necessary to achieve the objectives and
43 purposes of the land bank or other laws that relate to the purposes and
44 responsibility of the land bank.
45 (b) A land bank shall neither possess nor exercise the power of
46 eminent domain.
47 § 1608. Acquisition of property.
48 (a) The real property of a land bank and its income and operations are
49 exempt from all taxation by the state of New York and by any of its
50 political subdivisions.
51 (b) The land bank may acquire real property or interests in real prop-
52 erty by gift, devise, transfer, exchange, foreclosure, purchase, or
53 otherwise on terms and conditions and in a manner the land bank consid-
54 ers proper.
55 (c) The land bank may acquire real property by purchase contracts,
56 lease purchase agreements, installment sales contracts, land contracts,
A. 373--A 7
1 and may accept transfers from municipalities upon such terms and condi-
2 tions as agreed to by the land bank and the municipality. Notwithstand-
3 ing any other law to the contrary, any municipality may transfer to the
4 land bank real property and interests in real property of the munici-
5 pality on such terms and conditions and according to such procedures as
6 determined by the municipality.
7 (d) The land bank shall maintain all of its real property in accord-
8 ance with the laws and ordinances of the jurisdiction in which the real
9 property is located.
10 (e) The land bank shall not own or hold real property located outside
11 the jurisdictional boundaries of the foreclosing governmental unit or
12 units which created the land bank; provided, however, that a land bank
13 may be granted authority pursuant to an intergovernmental cooperation
14 agreement with another municipality to manage and maintain real property
15 located within the jurisdiction of such other municipality.
16 (f) Notwithstanding any other provision of law to the contrary, any
17 municipality may convey to a land bank real property and interests in
18 real property on such terms and conditions, form and substance of
19 consideration, and procedures, all as determined by the transferring
20 municipality in its discretion.
21 (g) The acquisition of real property by a land bank pursuant to the
22 provisions of this article, from entities other than political subdivi-
23 sions, shall be limited to real property that is tax delinquent, tax
24 foreclosed, vacant or abandoned; provided, however, that a land bank
25 shall have authority to enter into agreements to purchase other real
26 property consistent with an approved redevelopment plan.
27 (h) The land bank shall maintain and make available for public review
28 and inspection a complete inventory of all property received by the land
29 bank. Such inventory shall include: the location of the parcel; the
30 purchase price, if any, for each parcel received; the current value
31 assigned to the property for purposes of real property taxation; the
32 amount, if any, owed to the locality for real property taxation; the
33 identity of the transferor; and any conditions or restrictions applica-
34 ble to the property.
35 (i) All parcels received by the land bank shall be listed on the
36 received inventory established pursuant to paragraph (h) of this section
37 within one week of acquisition and shall remain in such inventory for
38 one week prior to disposition.
39 (j) Failure to comply with the requirements in paragraphs (h) and (i)
40 of this section with regard to any particular parcel shall cause such
41 acquisition by the land bank to be null and void.
42 § 1609. Disposition of property.
43 (a) The land bank shall hold in its own name all real property
44 acquired by the land bank irrespective of the identity of the transferor
45 of such property.
46 (b) The land bank shall maintain and make available for public review
47 and inspection a complete inventory of all real property dispositions by
48 the land bank. Such inventory shall include a complete copy of the sales
49 contract including all terms and conditions including, but not limited
50 to, any form of compensation received by the land bank or any other
51 party which is not included within the sale price.
52 (c) The land bank shall determine and set forth in policies and proce-
53 dures of the board of directors the general terms and conditions for
54 consideration to be received by the land bank for the transfer of real
55 property and interests in real property, which consideration may take
56 the form of monetary payments and secured financial obligations, coven-
A. 373--A 8
1 ants and conditions related to the present and future use of the proper-
2 ty, contractual commitments of the transferee, and such other forms of
3 consideration as are consistent with state and local law.
4 (d) The land bank may convey, exchange, sell, transfer, lease as
5 lessor, grant, release and demise, pledge any and all interests in, upon
6 or to real property of the land bank.
7 (e) A foreclosing governmental unit may, in its local law, resolution
8 or ordinance creating a land bank, or, in the case of multiple foreclos-
9 ing governmental units creating a single land bank in the applicable
10 intergovernmental cooperation agreement, establish a hierarchical rank-
11 ing of priorities for the use of real property conveyed by a land bank
12 including but not limited to:
13 (1) use for purely public spaces and places;
14 (2) use for affordable housing;
15 (3) use for retail, commercial and industrial activities;
16 (4) use as wildlife conservation areas; and
17 (5) such other uses and in such hierarchical order as determined by
18 the foreclosing governmental unit or units.
19 (f) A foreclosing governmental unit may, in its local law, resolution
20 or ordinance creating a land bank, or, in the case of multiple foreclos-
21 ing governmental units creating a single land bank in the applicable
22 intergovernmental cooperation agreement, require that any particular
23 form of disposition of real property, or any disposition of real proper-
24 ty located within specified jurisdictions, be subject to specified
25 voting and approval requirements of the board of directors. Except and
26 unless restricted or constrained in this manner, the board of directors
27 may delegate to officers and employees the authority to enter into and
28 execute agreements, instruments of conveyance and all other related
29 documents pertaining to the conveyance of real property by the land
30 bank.
31 (g) All property dispositions shall be listed on the property disposi-
32 tion inventory established pursuant to paragraph (b) of this section
33 within one week of disposition. Such records shall remain available for
34 public inspection in the property disposition inventory indefinitely.
35 (h) Failure to comply with the requirements in paragraph (g) of this
36 section shall subject the land bank to a civil penalty of one hundred
37 dollars per violation up to a maximum of ten thousand dollars for each
38 parcel, recoverable in an action brought by the attorney general or
39 district attorney. The attorney general or district attorney may also
40 seek rescission of the real property transaction.
41 § 1610. Financing of land bank operations.
42 (a) A land bank may receive funding through grants and loans from the
43 foreclosing governmental unit or units which created the land bank, from
44 other municipalities, from the state of New York, from the federal
45 government, and from other public and private sources.
46 (b) A land bank may receive and retain payments for services rendered,
47 for rents and leasehold payments received, for consideration for dispo-
48 sition of real and personal property, for proceeds of insurance coverage
49 for losses incurred, for income from investments, and for any other
50 asset and activity lawfully permitted to a land bank under this article.
51 (c) Upon the adoption of a local law, ordinance, or resolution by
52 municipality, school district or any taxing district, fifty percent of
53 the real property taxes collected on any specific parcel of real proper-
54 ty identified by such municipality, school district or any taxing juris-
55 diction may be remitted to the land bank, in accordance with procedures
56 established by regulations promulgated by the department of taxation and
A. 373--A 9
1 finance. Such allocation of real property tax revenues shall commence
2 with the first taxable year following the date of conveyance and shall
3 continue for a period of five years.
4 § 1611. Borrowing and issuance of bonds.
5 (a) A land bank shall have power to issue bonds for any of its corpo-
6 rate purposes, the principal and interest of which are payable from its
7 revenues generally. Any of such bonds may be secured by a pledge of any
8 revenues, including grants or contributions from the state of New York,
9 the federal government, or any agency, and instrumentality thereof, or
10 by a mortgage of any property of the land bank.
11 (b) The bonds issued by a land bank are hereby declared to have all
12 the qualities of negotiable instruments under New York state law.
13 (c) The bonds of a land bank created under the provisions of this
14 article and the income therefrom shall at all times be free from taxa-
15 tion for the state of New York or local purposes under any provision of
16 New York law.
17 (d) Bonds issued by the land bank shall be authorized by resolution of
18 the board and shall be limited obligations of the land bank; the princi-
19 pal and interest, costs of issuance, and other costs incidental thereto
20 shall be payable solely from the income and revenue derived from the
21 sale, lease, or other disposition of the assets of the land bank. In the
22 discretion of the land bank, the bonds may be additionally secured by
23 mortgage or other security device covering all or part of the project
24 from which the revenues so pledged may be derived. Any refunding bonds
25 issued shall be payable from any source described above or from the
26 investment of any of the proceeds of the refunding bonds and shall not
27 constitute an indebtedness or pledge of the general credit of any fore-
28 closing governmental unit or municipality within the meaning of any
29 constitutional or statutory limitation of indebtedness and shall contain
30 a recital to that effect. Bonds of the land bank shall be issued in such
31 form, shall be in such denominations, shall bear interest, shall mature
32 in such manner, and be executed by one or more members of the board as
33 provided in the resolution authorizing the issuance thereof. Such bonds
34 may be subject to redemption at the option of and in the manner deter-
35 mined by the board in the resolution authorizing the issuance thereof.
36 (e) Bonds issued by the land bank shall be issued, sold, and delivered
37 in accordance with the terms and provisions of a resolution adopted by
38 the board. The board may sell such bonds in such manner, either at
39 public or at private sale, and for such price as it may determine to be
40 in the best interests of the land bank. The resolution issuing bonds
41 shall be published in a newspaper of general circulation within the
42 jurisdiction of the land bank.
43 (f) Neither the members of a land bank nor any person executing the
44 bonds shall be liable personally on any such bonds by reason of the
45 issuance thereof. Such bonds or other obligations of a land bank shall
46 not be a debt of any municipality or of the state of New York, and shall
47 so state on their face, nor shall any municipality or the state of New
48 York nor any revenues or any property of any municipality or of the
49 state of New York be liable therefor.
50 § 1612. Public records and public meetings.
51 (a) The board shall cause minutes and a record to be kept of all its
52 proceedings. Except as otherwise provided in this section, the land bank
53 shall be subject to the open meetings law and the freedom of information
54 law.
55 (b) A land bank shall hold a public hearing prior to financing or
56 issuance of bonds. The land bank shall schedule and hold a public hear-
A. 373--A 10
1 ing and solicit public comment. After the conclusion of the public hear-
2 ing and comments, the land bank shall consider the results of the public
3 hearing and comments with respect to the proposed actions. Such consid-
4 eration by the land bank shall include the accommodation of the public
5 interest with respect to such actions; if such accommodation is deemed
6 in the best interest of the community proposed actions shall include
7 such accommodation.
8 (c) In addition to any other report required by this chapter, the land
9 bank, through its chairperson, shall annually deliver, in oral and writ-
10 ten form, a report to the municipality. Such report shall be presented
11 by March fifteenth of each year to the governing body or board of the
12 municipality. The report shall describe in detail the projects undertak-
13 en by the land bank during the past year, the monies expended by the
14 land bank during the past year, and the administrative activities of the
15 land bank during the past year. At the conclusion of the report, the
16 chairperson of the land bank shall be prepared to answer the questions
17 of the municipality with respect to the projects undertaken by the
18 authority during the past year, the monies expended by the municipality
19 during the past year, and the administrative activities of the munici-
20 pality during the past year.
21 § 1613. Dissolution of land bank.
22 A land bank may be dissolved as a type C not-for-profit corporation
23 sixty calendar days after an affirmative resolution approved by two-
24 thirds of the membership of the board of directors. Sixty calendar days
25 advance written notice of consideration of a resolution of dissolution
26 shall be given to the foreclosing governmental unit or units that
27 created the land bank, shall be published in a local newspaper of gener-
28 al circulation, and shall be sent certified mail to the trustee of any
29 outstanding bonds of the land bank. Upon dissolution of the land bank
30 all real property, personal property and other assets of the land bank
31 shall become the assets of the foreclosing governmental unit or units
32 that created the land bank. In the event that two or more foreclosing
33 governmental units create a land bank in accordance with section sixteen
34 hundred three of this article, the withdrawal of one or more foreclosing
35 governmental units shall not result in the dissolution of the land bank
36 unless the intergovernmental agreement so provides, and there is no
37 foreclosing governmental unit that desires to continue the existence of
38 the land bank.
39 § 1614. Conflicts of interest.
40 No member of the board or employee of a land bank shall acquire any
41 interest, direct or indirect, in real property of the land bank, in any
42 real property to be acquired by the land bank, or in any real property
43 to be acquired from the land bank. No member of the board or employee of
44 a land bank shall have any interest, direct or indirect, in any contract
45 or proposed contract for materials or services to be furnished or used
46 by a land bank. The board may adopt supplemental rules and regulations
47 addressing potential conflicts of interest and ethical guidelines for
48 members of the board and land bank employees.
49 § 1615. Construction, intent and scope.
50 The provisions of this article shall be construed liberally to effec-
51 tuate the legislative intent and the purposes as complete and independ-
52 ent authorization for the performance of each and every act and thing
53 authorized by this article, and all powers granted shall be broadly
54 interpreted to effectuate the intent and purposes and not as a limita-
55 tion of powers. Except as otherwise expressly set forth in this article,
56 in the exercise of its powers and duties under this article and its
A. 373--A 11
1 powers relating to property held by the land bank, the land bank shall
2 have complete control as fully and completely as if it represented a
3 private property owner and shall not be subject to restrictions imposed
4 by the charter, ordinances, or resolutions of a local unit of govern-
5 ment.
6 § 1616. Delinquent property tax enforcement.
7 The municipality may enter into a contract to sell some or all of the
8 delinquent tax liens held by it to a land bank, subject to the following
9 conditions:
10 (a) The consideration to be paid may be more or less than the face
11 amount of the tax liens sold.
12 (b) Property owners shall be given at least thirty days advance notice
13 of such sale in the same form and manner as is provided by subdivision
14 two of section eleven hundred ninety of the real property tax law. Fail-
15 ure to provide such notice or the failure of the addressee to receive
16 the same shall not in any way affect the validity of any sale of a tax
17 lien or tax liens or the validity of the taxes or interest prescribed by
18 law with respect thereto.
19 (c) The municipality shall set the terms and conditions of the
20 contract of sale.
21 (d) The land bank must thirty days prior to the commencement of any
22 foreclosure action provide to the municipality a list of liens to be
23 foreclosed. The municipality may, at its sole option and discretion,
24 repurchase a lien or liens on the foreclosure list from the land bank.
25 The repurchase price shall be the amount of the lien or liens plus any
26 accrued interest and collection fees incurred by the land bank. The land
27 bank shall provide the foreclosure list to the municipality, along with
28 the applicable repurchase price of each lien, by certified mail, and the
29 municipality shall have thirty days from receipt to notify the land bank
30 of its option to purchase one or more of the liens. If the municipality
31 opts to purchase the lien, it shall provide payment within thirty days
32 of receipt of the repurchase price of said lien or liens. If the muni-
33 cipality shall fail to opt to repurchase the lien or liens the land bank
34 shall have the right to commence a foreclosure action immediately.
35 (e) The sale of a tax lien pursuant to this article shall not operate
36 to shorten the otherwise applicable redemption period or change the
37 otherwise applicable interest rate.
38 (f) Upon the expiration of the redemption period prescribed by law,
39 the purchaser of a delinquent tax lien, or its successors or assigns,
40 may foreclose the lien as in an action to foreclose a mortgage as
41 provided in section eleven hundred ninety-four of the real property tax
42 law. The procedure in such action shall be the procedure prescribed by
43 article thirteen of the real property actions and proceedings law for
44 the foreclosure of mortgages. At any time following the commencement of
45 an action to foreclose a lien, the amount required to redeem the lien,
46 or the amount received upon sale of a property, shall include reasonable
47 and necessary collection costs, attorneys' fees, legal costs, allow-
48 ances, and disbursements.
49 (g) The provisions of title five of article eleven of the real proper-
50 ty tax law shall apply so far as is practicable to a contract for the
51 sale of tax liens pursuant to this article.
52 (h) If the court orders a public sale pursuant to section eleven
53 hundred thirty-six of the real property tax law, and the purchaser of
54 the property is the land bank, then the form, substance, and timing of
55 the land bank's payment of the sales price may be according to such
56 agreement as is mutually acceptable to the plaintiff and the land bank.
A. 373--A 12
1 The obligation of the land bank to perform in accordance with such
2 agreement shall be deemed to be in full satisfaction of the tax claim
3 which was the basis for the judgment.
4 (i) Notwithstanding any other provision of law to the contrary, in the
5 event that no municipality elects to tender a bid at a judicially
6 ordered sale pursuant to the provisions of section eleven hundred thir-
7 ty-six of the real property tax law, the land bank may tender a bid at
8 such sale in an amount equal to the total amount of all municipal claims
9 and liens which were the basis for the judgment. In the event of such
10 tender by the land bank the property shall be deemed sold to the land
11 bank regardless of any bids by any other third parties. The bid of the
12 land bank shall be paid as to its form, substance, and timing according
13 to such agreement as is mutually acceptable to the plaintiff and the
14 land bank. The obligation of the land bank to perform in accordance
15 with such agreement shall be deemed to be in full satisfaction of the
16 municipal claim which was the basis for the judgment. The land bank, as
17 purchaser at such sale shall take and forever thereafter have, an abso-
18 lute title to the property sold, free and discharged of all tax and
19 municipal claims, liens, mortgages, charges and estates of whatsoever
20 kind. The deed to the land bank shall be executed, acknowledged and
21 delivered within thirty days of the sale.
22 § 1617. Contracts.
23 (a) The land bank may, in its discretion, assign contracts for super-
24 vision and coordination to the successful bidder for any subdivision of
25 work for which the land bank receives bids. Any construction, demoli-
26 tion, renovation and reconstruction contract awarded by the land bank
27 shall contain such other terms and conditions as the land bank may deem
28 desirable. The land bank shall not award any construction, demolition,
29 renovation and reconstruction contract greater than ten thousand dollars
30 except to the lowest bidder who, in its opinion, is qualified to perform
31 the work required and who is responsible and reliable. The land bank
32 may, however, reject any or all bids or waive any informality in a bid
33 if it believes that the public interest will be promoted thereby. The
34 land bank may reject any bid, if, in its judgment, the business and
35 technical organization, plant, resources, financial standing, or experi-
36 ence of the bidder justifies such rejection in view of the work to be
37 performed.
38 (b) For the purposes of article fifteen-A of the executive law only,
39 the land bank shall be deemed a state agency as that term is used in
40 such article, and all contracts for procurement, design, construction,
41 services and materials shall be deemed state contracts within the mean-
42 ing of that term as set forth in such article.
43 § 2. Subdivision 2 of section 2 of the public authorities law, as
44 added by chapter 766 of the laws of 2005, is amended to read as follows:
45 2. "local authority" shall mean (a) a public authority or public bene-
46 fit corporation created by or existing under this chapter or any other
47 law of the state of New York whose members do not hold a civil office of
48 the state, are not appointed by the governor or are appointed by the
49 governor specifically upon the recommendation of the local government or
50 governments; (b) a not-for-profit corporation affiliated with, sponsored
51 by, or created by a county, city, town or village government; (c) a
52 local industrial developmental agency or authority or other local public
53 benefit corporation; [or] (d) an affiliate of such local authority; or
54 (e) a land bank corporation created pursuant to article sixteen of the
55 not-for-profit corporation law.
56 § 3. This act shall take effect immediately.
