RESOLUTION FOR HOME RULE REQUEST
IN SUPPORT OF STATE SENATE BILL NO. S9047
AND ASSEMBLY BILL NO. A9939
WHEREAS, the State Department of Public Safety requested that the New York State Legislature enact a special state law authorizing the City of Mount Vernon to amend Chapter 783 of the laws of 1974, relating to authorizing the common council of the city of Mount Vernon to adopt by local law provisions relating to the commencement of a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; and providing for the repeal of such provisions upon expiration thereof; and
WHEREAS, State Senator Jamaal Bailey has introduced Bill No. S9047 before the New York State Legislature entitled, “An act to amend Chapter 783 of the laws of 1974, relating to authorizing the common council of the city of Mount Vernon to adopt by local law provisions relating to the commencement of a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; and providing for the repeal of such provisions upon expiration thereof”; and
Assemblyman J. Gary Pretlow introduced Bill No. A9939 before the New York State Legislature entitled, “An act to amend Chapter 783 of the laws of 1974, relating to authorizing the common council of the city of Mount Vernon to adopt by local law provisions relating to the commencement of a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; and providing for the repeal of such provisions upon expiration thereof”; and
WHEREAS, the Bills, if passed by our State Legislature, would authorize the City of Mount Vernon to commence a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; and
WHEREAS, said Bills shall empower the City to commence a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; NOW, THEREFORE, BE IT
RESOLVED, THAT A HOME RULE REQUEST IS MADE TO THE NEW YORK STATE LEGISLATURE AS FOLLOWS:
TO THE LEGISLATURE:
Pursuant to Article IX of the constitution, the City Council of City of Mount Vernon requests the enactment of Senate Bill No. S9047 and Assembly Bill No. A9939, “An act to amend Chapter 783 of the laws of 1974, relating to authorizing the common council of the city of Mount Vernon to adopt by local law provisions relating to the commencement of a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans; and providing for the repeal of such provisions upon expiration thereof.”
It is hereby declared that a necessity exists for the enactment of such legislation and that the facts establishing such necessity are as follows:
The local government does not have the power to enact such legislation by local law; and
Implementing a program to empower the City of Mount Vernon to commence a foreclosure in rem by the city of Mount Vernon where the payment of taxes, assessments, and other charges are in arrears for a period of time in excess of two years, in relation to the offering of installment payment plans for failure to comply with the law is in the best interests of the City and is essential to improving the City’s financial stability.
Such request is made by the Mayor of the City of Mount Vernon, and concurred with by a majority of the total membership of the City Council; AND BE IT FURTHER
RESOLVED, that the City Clerk be directed to forward copies of this home rule request, certified by the Mayor and the City Clerk of the City of Mount Vernon, as follows:
• two (2) copies to the New York State Senate, and
• two (2) copies to the New York State Assembly.