§ 13-02 In Rem Installment Agreements for Class One and Class Two Properties.
RCNY § 13-02
(a)Where in rem foreclosure action has been filed.
(1)Application period. A request for an installment agreement for a class one or a class two property against which an in rem foreclosure action has been commenced may be made only during the period commencing with the filing of the in rem action against such property, and ending on the date on which the Commissioner of Finance is advised by the Corporation Counsel that the preparation of the judgment of foreclosure in such in rem action has been commenced.
(2)Agreement with Department of Housing Preservation and Development. The Commissioner of Finance, in his or her discretion, may approve a request for an installment agreement for a class one or class two property against which an in rem foreclosure action has been commenced if the owner of the property has (i) executed an agreement with the Department of Housing Preservation and Development to correct existing Housing Maintenance Code violations issued against such property and to participate in a housing education program as directed by the Department of Housing Preservation and Development, and (ii) filed all registration statements for the property that are required under Article 2 of Subchapter 4 of Title 27 of the Administrative Code of the City of New York.
(b)Where in rem foreclosure judgment has been entered.
(c)Default on prior agreement. The Department of Finance shall not approve an application for an installment agreement pursuant to subdivisions (a) or (b) of this section where there has been a default on a previous installment agreement on the same property, and any amount due thereunder, including current taxes and charges and interest accrued thereon, remains unpaid, except that if the property is a class one property or a property owned by a company organized pursuant to article XI of the Private Housing Finance Law with the consent and approval of the Department of Housing Preservation and Development, the Department of Finance may, in its discretion, approve such an application upon recommendation by the Department of Housing Preservation and Development.
(d)These rules shall not apply to any installment agreement requested pursuant to the provisions of 19 RCNY § 40-03.
(e)As used in these rules, the term "owner" shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee in possession, vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a property.
