§ 40-06 Voluntary In-Rem Action.
RCNY § 40-06
(a)Application process.
(1)An owner of a property, as such term is defined in subdivision (a) of § 11-412.3 of the Administrative Code, may seek to elect to subject the tax lien or tax liens on such property to summary foreclosure pursuant to § 11-412.4 of the Administrative Code by submitting an application in a paper or electronic format determined by the Department.
(2)Response by the Department. When an application is submitted pursuant to paragraph (1) of this subdivision, an individual designated by the Commissioner will respond to such application no later than 30 calendar days after the date of receipt of such application by approving the application, denying the application, or instructing such owner to provide additional documentation, if such designated individual determines that additional documentation is necessary to evaluate the request. When such designated individual instructs such owner to provide additional documentation, such additional documentation must be provided no later than 30 days from the date of such instruction and such designated individual will respond to the application no later than 30 calendar days from the date of receipt of the additional documentation. A denial of an application is a final agency determination reviewable pursuant to Article 78 of the New York Civil Practice Law and Rules.
(3)Such designated individual will not approve an application submitted pursuant to this subdivision unless the documentation submitted with the application demonstrates that the property owner satisfies the requirements set forth in paragraphs (1) through (5) of subdivision (b) of § 11-412.4 of the Administrative Code.
(b)Household income definition for application of the income threshold. For the purpose of determining eligibility for the voluntary in-rem action requested pursuant to § 11-412.4 of the Administrative Code, the term “household income” means the combined incomes of all owners, including both residents and non-residents, and any owner’s spouse who resides at the property. (Added City Record 2/11/2025, eff. 2/11/2025)
