§ 68-18 Special Procedures – Forfeitures.
RCNY § 68-18
(a)For purposes of this section, the term Owner means: (1) An Owner as defined in section 128 and section 388 of the Vehicle and Traffic Law, unless the vehicle is a Commuter Van; (2) If the vehicle is a Commuter Van, the term Owner when used in this section means an Owner as defined in subdivision (i) of § 19-502 of the Administrative Code.
(b)A vehicle seized under the provision of subdivision (a) of 35 RCNY § 68-17 is subject to forfeiture if either of the following are true: (1) The Owner has been found to have committed two or more violations of subdivisions (b), (c) or (k) of § 19-506 of the Administrative Code within 36 months; or (2) Owner has been found to have committed two or more violations of operating a Commuter Van without Authorization within 5 years.
(c)A forfeiture action must be commenced within 45 days of a final agency determination that a seized vehicle is subject to forfeiture and in accordance with the New York Civil Practice Law and Rules, and, in the case of seized Commuter Vans, § 19-529.3 of the Administrative Code.
(d)Rights of Secondary Owners (Other than Commuter Vans).
(1)A Secondary Owner who wishes to assert an ownership claim to the vehicle but does not participate in the forfeiture proceeding must submit a claim in writing to the Commission within 30 days after the judicial determination of forfeiture.
(2)If a Secondary Owner submits the claim, the Commission will schedule a hearing at the OATH Tribunal and will mail notice to the claimant at least 10 business days before the hearing.
(3)A Secondary Owner that establishes a right of ownership or other legal interest in the vehicle (other than an owner whose interest has been forfeited) can recover the vehicle, provided such person or entity: (A) Redeems the ownership interest which was subject to forfeiture, by paying the city the value of that interest; and (B) Pays the reasonable expenses for the safekeeping of the vehicle from the time of seizure and redemption.
(4)A Secondary Owner that establishes a right of ownership in the hearing is not entitled to recovery of the vehicle if TLC establishes that the violations upon which forfeiture is predicated were expressly or impliedly permitted by such Secondary Owner. (Amended City Record 6/30/2016, eff. 7/30/2016; amended City Record 9/22/2016, eff. 10/22/2016; amended City Record 6/15/2017, eff. 7/15/2017)
