New York Real Property Tax Law Section 1439 - Agreements between villages in Nassau county and the county of Nassau, towns, special and school districts therein; and between villages in Westcheste

1439. Agreements between villages in Nassau county and the county of Nassau, towns, special and school districts therein; and between villages in Westchester county and the county of Westchester, towns, special and school districts therein; and between villages in Suffolk county and the county of Suffolk, towns, special and school districts therein, for the collection of taxes. 1. Notwithstanding the provisions of any general, special or local law, any village in the county of Nassau, the county of Westchester and the county of Suffolk may, by resolution of its board of trustees, enter into an agreement with the county or any town, school district or special district therein with respect to any parcel of real property upon which each of the parties has tax liens. The resolutions of the governing bodies of the parties to the agreement authorizing such parties to enter into the agreement may also provide for the satisfaction and discharge of such tax liens of record although the amount realized from the sale or other disposition of the property pursuant to the agreement is insufficient to pay the full amount of the tax liens of the parties to the agreement.

2. Such agreement may provide for the sale or other disposition of such parcel free and clear of all unpaid tax liens held by the parties thereto which liens accrued on or before the date of such sale or disposition. Such agreement may also provide for:

a. The disposition of such property even though for less than the full amount of the tax liens of the parties.

b. The distribution of the proceeds from the sale or such other disposition of the property and arrangements for such distribution when the proceeds are insufficient to discharge all such tax liens.

Such an agreement may also be made between such village and any person having any tax lien on or any other right, title, interest or equity of redemption in such property.

3. When authorized by resolution of its board of trustees, any village in the county of Nassau, in Westchester county and in the county of Suffolk having a tax lien may protect such tax lien by bidding for and purchasing the real property affected by such tax lien at a judicial sale of such real property in any action for the foreclosure of a lien for unpaid village, county, town, school or special district taxes or assessments for benefit or local improvements.

4. In order to carry out an agreement authorized by this section or bid for and purchase such property at a judicial sale as authorized by this section, the board of trustees of such a village may:

a. Provide funds in its budget for such purposes.

b. Appropriate for such purposes any funds not otherwise appropriated.

c. Provide funds for such purposes pursuant to the local finance law.

5. The term "tax lien," as used in this section, shall include liens for taxes, and assessments for benefit or local improvements, whether or not

a. Such taxes or assessments have been relevied as a part of any annual tax;

b. Any of such liens have been sold and certificates of sale issued therefor;

c. Deeds or conveyances have been issued by a treasurer or similar fiscal officer based upon such certificates of sale; or

d. Deeds or conveyances have been issued pursuant to a judgment foreclosing any such lien.


Last modified: February 3, 2019