S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3163 A. 4983
2011-2012 Regular Sessions
S E N A T E - A S S E M B L Y
February 10, 2011
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IN SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. ABBATE -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to release Yeshivas Novominsk from all New York city department
of health and mental hygiene charges assessed against real property
located within the borough of Brooklyn
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Findings. On October 7, 1999, Yeshivas Novominsk, a non-
2 profit institution dedicated to providing religious and secular instruc-
3 tion to students, acquired title to premises designated as lot 39 in tax
4 block 5517, also known as 1680 60th Street, in the borough of Brooklyn.
5 The former owner of said property, Yeshiva Tifereth Elimelech, had New
6 York City Department of Health and Mental Hygiene charges assessed
7 against the property on New York City Department of Finance tax bills
8 for alleged cleanup work during the period that the premises were not
9 occupied, from January of 1997 through November of 1999. Yeshiva Tifer-
10 eth Elimelech vigorously protested these charges and further presented
11 detailed evidence to the City that they were not given ample time to
12 conduct their own cleanup work and that the Department of Health and
13 Mental Hygiene's repeated inspections and pest exterminations were
14 unnecessary. Despite Yeshiva Tifereth Elimelech's ongoing legal efforts
15 to have the charges reduced or eliminated, the City continued to assess
16 the charges as well as interest on the disputed amounts. The City has
17 informed Yeshiva Tifereth Elimelech that they can no longer appeal the
18 assessed charges. In the interim the property was acquired by Yeshivas
19 Novominsk, which has now been charged for the disputed Department of
20 Health and Mental Hygiene work done on the property prior to their
21 taking possession. Yeshivas Novominsk is also being charged ongoing
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06398-01-1
S. 3163 2 A. 4983
1 interest on the disputed charges. The Department of Health and Mental
2 Hygiene also did work at the property shortly after Yeshivas Novominsk
3 took possession without any notice to the new owner. As a matter of
4 equity, Yeshivas Novominsk should not be held responsible for charges
5 incurred prior to their owning the property, let alone interest on those
6 charges, yet the City refuses to release them from the charges, and
7 continues to add interest. All attempts at legal and political solutions
8 have been tried and failed.
9 S 2. Notwithstanding any other provision of general, special, or local
10 law, charter, or administrative code to the contrary, the city of New
11 York is hereby authorized and instructed to release Yeshivas Novominsk
12 from all Department of Health and Mental Hygiene charges assessed
13 against the above-cited property through November of 1999, as well as
14 all interest accrued on such charges.
15 S 3. This act shall take effect immediately.