N.Y. General Municipal Law Section 99-S
Transfer and sale of delinquent real estate tax receivables

1.

A city with a population of one million or more, acting through its finance commissioner, collector of taxes or other officer responsible for the collection of real estate taxes, may sell or transfer any portion of or all its interest in any or all of its delinquent real estate tax receivables, including any penalty or interest thereon. Provided, however, no such sale or transfer shall take place without adoption of a local law, ordinance or resolution authorizing each such sale or transfer.

2.

a. Delinquent real estate tax receivables shall be sold only at public sale to the bidder offering the highest total return to such city including fees and other payments.

b.

There shall be published, at least once, not less than five nor more than thirty days before the date fixed for the public sale of delinquent real estate tax receivables, a notice of such public sale. Such notice shall be published in any financial newspaper published and circulated in such city which the state comptroller, by rules and regulations, shall designate for such publication, or in lieu thereof, such notice shall be circulated in such manner as the state comptroller shall prescribe, within ninety days after this section shall take effect, pursuant to such rules and regulations and shall be published in any newspaper or newspapers which the finance board of such city may designate for such purpose.

c.

Such notice shall call for sealed bids for the purchase of such delinquent real estate tax receivables, and shall state:

1.

The place where bids will be received and considered.

2.

(a) The time and date for the opening of bids, which shall be only on weekdays, Saturdays and holidays excluded, between the hours of ten o’clock ante meridian and four o’clock post meridian, eastern standard time.

(b)

In lieu of the statement of the time and date for the opening of bids required by clause (a) of this subparagraph, a statement (i) that the time and date for the opening of bids will be provided on not less than twenty-four hours prior notice by means of a supplemental notice of sale and indicating the manner in which such supplemental notice will be provided, or

(ii)

setting a time and date for the opening of bids, stating that notice of a change in the time or date for the opening of bids may be provided not less than twenty-four hours prior to the time originally scheduled for the opening of bids by means of a supplemental notice of sale and indicating the manner in which such supplemental notice will be provided. Where notice is given that the time or date of a sale will be changed without specifying the new time or date, notice of the new time or date of sale must be provided by means of a second supplemental notice of sale at least twenty-four hours prior to the new time for the opening of bids.

(c)

A supplemental notice of sale shall refer to and be deemed a part of the notice of sale required by this section and shall not establish or change the terms of the sale other than the time or date for the opening of bids. The time set for the opening of bids in the supplemental notice of sale shall not be less than five nor more than thirty days after publication of the notice of sale required pursuant to paragraph a of this subdivision.

(d)

Public notice of the time and date set for the opening of bids shall be given to the news media and shall be posted in one or more designated public locations within such city at least twenty-four hours prior to the time and date set for the opening of bids or, in the case of a time and date set or changed in a supplemental notice of sale, at least twenty-four hours prior to such time and date; provided, however, that such public notice shall not be construed to require publication as a legal notice.

d.

All bids shall be opened publicly at the time and place stated in the notice of sale, and not before, and shall be publicly announced. Prior to the time fixed for such public opening of bids, a sealed bid may be amended by a bidder by delivery to the official to whom the sealed bid was delivered of a sealed amendment to such bid. No bid shall be amended by a telegraphic or telephonic communication.

e.

Advertisements shall contain a provision to the effect that such city, in its discretion, may reject any or all bids made in pursuance of such advertisements, and in the event of such rejection, such city is authorized to readvertise for bids in the form and manner above described as many times as, in its judgement, may be necessary to effect a satisfactory sale.

3.

Without limitation of the foregoing, any sale or transfer agreement entered into pursuant hereto may also contain provisions requiring such city to undertake to replace such receivable with the transferee or purchaser for any misrepresentation or mistake as to the description or status of any delinquent real estate tax receivable which is the subject of such sale or transfer agreement.

4.

In no event shall such city pay any such receivable other than from moneys collected thereon by such city. Any revenues received by such city for payment of delinquent real estate taxes including any penalties and interest thereon where the interest in such delinquent real estate tax receivable has been sold or transferred, shall be deposited in a special fund to be created by such city. Such fund shall be kept separate and apart from any other funds and accounts of such city. Moneys in such fund shall first be used to pay any such receivables. Moneys in the fund in excess of that needed to pay such receivables may be used for any other city purpose as authorized by law. In no event shall such city guarantee payment, or be construed as guarantor of payment for such receivables.

5.

Such city shall remain responsible for servicing, collecting and enforcing any such receivables in the same manner as if such receivables had not been sold. The obligation of such city to service or collect any such receivables on behalf of the purchaser or transferee thereof shall terminate with respect to each receivable upon the date three years from the date such receivable was sold or transferred by such city or such earlier date as payment is made to such purchaser or transferee of such receivable, including any penalty or interest thereon, equal to the consideration paid for such sale or transfer plus any fees or other payments in accordance with the terms of sale or transfer of the receivables and such city shall thereafter collect and enforce such receivables solely on its own behalf.

6.

The transferee of the delinquent real estate tax receivables or interests therein, during the term of an agreement with such city, may perfect a security interest in such delinquent real estate tax receivables or interests therein by the filing of financing statements, as provided in article nine of the uniform commercial code, with respect thereto giving a reasonable description of such receivables or interests so transferred as identified on the records kept for such purpose by the officer of such city responsible for the collection of real estate taxes.

Source: Section 99-S — Transfer and sale of delinquent real estate tax receivables, https://www.­nysenate.­gov/legislation/laws/GMU/99-S (updated Sep. 22, 2014; accessed Apr. 20, 2024).

70
Payment of judgments against municipal corporation 70‑A
Liability for expenses incurred in enforcing lawful required payment of moneys to state agencies 71
Liability for damages by mobs and riots 71‑A
Injury or death of person aiding a police officer or peace officer 71‑B
Operation of snowmobiles 72
Acquisition of lands for erection of monuments 72‑A
Acquisition and development of forest lands 72‑B
Acquisition of lands and erection of memorial buildings 72‑C
Expenses of members of the police department and other peace officers in attending police training schools 72‑D
Acquisition of lands for park and parkway purposes or for district headquarters for the state department of transportation, and dedicatio... 72‑E
Acquisition of lands for park and parkway purposes and dedication of the same by the counties of Broome, Monroe and Erie 72‑F
Acquisition of lands for parkway and airport purposes and dedication of the same by counties and municipal corporations 72‑G
Expenses of volunteer firefighters attending training schools and instruction courses 72‑H
Sale, lease and transfer to municipal corporations of certain public lands 72‑I
Acquisition of lands and erection of memorial buildings by adjoining villages 72‑J
Parking garages and parking spaces 72‑K
Parking facilities and appurtenances within or outside of the state highway right of way 72‑K*2
Notification of change in use of property used for recreational purposes 72‑L
Navigation and flood control improvements in cooperation with the federal government 72‑M
Appropriations for Bicentennial celebration 72‑M*2
Emergency transportation plans 72‑N
Air space and air and subsurface areas 72‑O
Expenses of volunteer fire officers and firefighters appearing before a court or other tribunal 72‑P
Lease of real property by a municipality 72‑P*2
Establishment of farmers’ markets 72‑R
Adopt-a-beach stewardship program 73
Cities and villages may hold property in trust for certain purposes 74
Condemnation of real property 74‑B
Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property 74‑C
Taking of billboards 75
Limitation on acquisition of water rights in Dutchess county 76
Limitation on acquisition of water rights in Westchester and Putnam counties 77
Leases of public buildings to posts of veteran organizations, organizations of volunteer firefighters, and child care agencies 77‑A
Construction and maintenance of memorial building or monument by county or city 77‑B
Expenses of certain public officers and employees attending conventions, conferences and schools 77‑C
Per diem meal allowances for travel on official business 77‑D
Traveling expenses for applicants for public employment 77‑E
Baseball field fence leases in Yates county 77‑F
Sports field fence leases in the town of Sweden, Monroe county 77‑G
Sports field fence leases in the city of Rye, Westchester county 77‑H
Sports field fence leases in the town of New Castle, Westchester county 77‑I
Sports field fence leases in the town of Yorktown, Westchester county 78
Insurance of property 78‑B
Demolition and removal of unsafe structures 80
Discrimination against non-residents 80‑A
Purchasing of products for municipal use 81
Peddling and hawking farm produce 82
Levy to pay a final judgment 83
Limitation as to amount of money to be raised 84
Refunding illegal assessments 85
Service charge on returned checks 85‑A
Taxation of transient merchants 86
Regulation of commercial and business activities on Memorial day and Independence day 86‑A
Regulation of installation of portable electrical equipment used for amusement devices 87
Support and maintenance of charitable and other institutions 88
Disposition of stray or unwanted dogs by municipality 88*2
Catv franchises prohibited 88‑A
Merit award board to reward employees for suggestions 89
Payment of debts of illegal corporations 90
Payment of overtime compensation to public officers or employees 91
Payment of rewards for apprehension and conviction of a person or persons guilty of felony or misdemeanor 91‑A
Arson investigation 92
Vacations, sick leaves and leaves of absence of officers and employees 92‑A
Medical, surgical and hospital services or insurance for officers, employees and retired officers and employees of public corporations an... 92‑B
Audit of claims under certain contracts for administering medical assistance 92‑C
Emergency service volunteer 92‑D
Sick leave for officers and employees with a qualifying World Trade Center condition 93
Payment of certain insurance premiums for officers and employees of municipal corporations and agencies or instrumentalities thereof 93‑A
Written statement of deductions to accompany payment of salary or wages to officers or employees in certain cases 93‑B
Deductions from wages or salaries of civil service employees 93‑C
The appropriate disbursing or fiscal officer of any municipality or other political subdivision of the state is hereby authorized to dedu... 93‑D
Payroll payment by banks or trust companies 94
Earnings of municipal corporations from certain municipally operated public utility services 94‑A
Tax equivalent payments of the city of Jamestown board of public utilities 95
Youth agencies and assistance 95‑A
Programs for the aging 96
Municipal community garden activities 96‑A
Use of certain lands for the construction and operation of neighborhood youth centers 96‑A*2
Protection of historical places, buildings and works of art 96‑B
Tree conservation 97
Power of municipalities to furnish and contract for fire and police communication system 98
Operation and maintenance of railroad passenger stations in certain municipalities 98‑A
Acquisition and lease of railroad facilities 98‑B
Municipal assistance to public authorities furnishing transportation services 99
Regulation of open wells, cesspools, basins or sumps 99‑A
Use of municipally operated dumping ground by another municipality 99‑B
Receipts for money received 99‑C
Agreements for joint building inspectors by municipal corporations 99‑D
Planning for future capital improvements 99‑E
Operation, improvement and maintenance of parks 99‑F
Comprehensive sewer and water studies 99‑G
Capital program 99‑H
Participation in federal programs 99‑I
Participation in programs to promote progress and scholarship in the humanities and the arts 99‑J
Control of aquatic plant growth 99‑K
Fees to jurors or witnesses 99‑L
Fees in criminal actions and other proceedings 99‑M
Cash bail and partially secured bail bond 99‑N
Transfer and lease of ferry boats and buses 99‑O
Transfer and lease of mass commuting vehicles by the county of Suffolk 99‑P
Municipality, district corporation or school district as reciprocal insurer 99‑Q
Facilities for the unified court system 99‑R
Contracts for services 99‑S
Transfer and sale of delinquent real estate tax receivables 99‑T
Contracts with banks or trust companies for the collection of water or sewer user fees, charges, rates or rentals, or certain special ass... 99‑U
Municipal cooperation agreements for counties 99‑V
Veterans services 99‑W
Land for monument erection 99‑X
Prohibit symbols of hate 99‑Y
Internet access and communications 99‑Z
Municipal officers or employees prohibited from displaying political advertisements on public property
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 99-S’s source at nysenate​.gov

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