§ 47-A — Payment of delinquent taxes in installments

§ 47-a. Payment of delinquent taxes in installments. 1. Definitions.\nAs used in this section:\n (a) "Eligible delinquent taxes" means the combined amount of unpaid\ntaxes, special ad valorem levies, special assessments, and any penalties\nand interest which have accrued and which the county has bid for\npursuant to section forty-five of this act.\n (b) "Eligible owner" means an owner of small business property who\noccupies such property for such purposes.\n (c) "Small business" means property used for commercial purposes by a\nbusiness, the income of which did not exceed fifty thousand dollars and\nwhich did not employ more than twenty full time employees at any time\nsince the date on which such taxes became a lien.\n (d) "Income" means the net taxable income as defined by the internal\nrevenue code for the calendar year immediately preceding the date of\napplication for the installment payment of eligible delinquent taxes\npursuant to this section.\n 2. Installment payment of eligible delinquent taxes. The eligible\nowner may enter into an agreement with the county treasurer to pay\neligible delinquent taxes in installments, as provided in this section,\nat a date no earlier than one year after the date on which the eligible\ndelinquent taxes became a lien nor no later than three months prior to\nthe last date on which the property may be redeemed pursuant to section\nforty-nine of this act, provided that all provisions of this section are\nmet. The burden of proof of eligibility for the provisions of this\nsection shall be on the applicant. The applicant shall submit\ndocumentation to the treasurer which the treasurer shall deem to be\nconsistent with the provisions of this section and necessary to\ndetermine the eligibility of such applicant.\n 3. Agreement to pay installment taxes. An eligible owner shall be\npermitted to enter into an agreement to pay eligible delinquent taxes in\ninstallments, as provided in this section, only where:\n (a) All taxes, special ad valorem levies and special assessments\nlevied subsequent to the eligible delinquent taxes are paid prior to\napproval of such agreement; or\n (b) Such eligible owner is not the owner of another parcel or parcels\nwithin the county against which a tax lien had been sold for unpaid\ntaxes within three years of the date of the creation of the lien\napplicable to eligible delinquent taxes.\n 4. Agreement to pay eligible delinquent taxes in installments. The\nagreement to pay eligible delinquent taxes in installments shall be kept\non file in the office of the county treasurer and shall be governed by\nthe provisions of this subdivision. The agreement shall provide:\n (a) The term of the agreement, which shall not exceed twenty-four\nmonths;\n (b) The payment schedule, which shall be no less than bi-weekly and\nmay be monthly, quarterly or semi-annually;\n (c) The payment shall be paid in equal installments on each payment\ndue date;\n (d) The interest on the total amount of eligible delinquent taxes,\nless the amount of down payment made by the eligible owner, shall be one\npercent more than the amount as determined pursuant to section\nthirteen-c of this act and at such rate in effect on the date that the\nagreement is signed which rate shall remain constant during the period\nof the agreement;\n (e) Where the amount of the installment is not received by the end of\nthe fifteenth calendar day after the payment due date, a five percent\ncharge shall be added to the amount due for that installment period;\n (f) For a down payment not to exceed twenty-five percent of eligible\ndelinquent taxes;\n (g) Prepayments can only be made with the consent of the county and\nonly in an amount equal to at least one installment sum, or any multiple\nthereof, and only at the time an installment payment is due; and\n (h) Each installment shall be due on the same calendar date as the\nagreement date.\n 5. Default. (a) The eligible owner shall be deemed to be in default of\nthe agreement upon:\n (i) non-payment of any installment within thirty days from the payment\ndue date;\n (ii) non-payment of any tax, special ad valorem levy or special\nassessment by the date or date by which such tax may be paid without\npenalty pursuant to paragraph (c) of section thirteen of this act and\nwhich is levied subsequent to the signing of the agreement; or\n (iii) sale of the subject parcel.\n (b) In the event of a default, the entire unpaid balance, with\ninterest and late charges, shall be due. The county shall have the right\nto enforce the collection of the remaining unpaid tax lien pursuant to\nthis act. In the event of a default and provided that the period to\nredeem such property pursuant to section forty-nine of this act has,\nexcept for the provisions of this section, expired, the last day to\nredeem such property shall be sixty days after the date of default. In\nthe event of a default and provided that the period to redeem such\nproperty pursuant to section forty-nine of this act has not expired, the\nlast day to redeem such property shall be the date provided in such\nsection.\n (c) Notwithstanding section fifty-two of this act or section one\nthousand fourteen of the real property tax law to the contrary, notice\nof unredeemed real estate which is in default of the provisions of this\nsection shall be given and published once by the treasurer at least\nthirty days prior to the last day to redeem such property as provided in\nparagraph (b) of this subdivision and the notice by first class mail to\nthe name and address of the owner, or occupant, as shown on the\nassessment roll shall be given no later than such date.\n (d) Where an eligible owner is in default and the county does not\nelect to immediately institute procedures to enforce its tax lien\npurchase or to obtain a tax deed, the county shall not be deemed to have\nwaived the right to do so.\n 6. Notification of potential eligible owners. The county treasurer\nshall notify, by first class mail, all potential eligible property\nowners of property which is subject to a tax lien sale of the provisions\nof this section. Such notice shall be in the same manner and given no\nlater than fourteen days after such personal notice is provided to the\ntaxpayer pursuant to section one thousand two of the real property tax\nlaw.\n 7. Tax lien; not affected. The provisions of this section shall not\naffect the tax lien against the property except in the reduction of such\nlien and that the lien shall not be assigned, sold or foreclosed during\nthe period of installment payments, provided that such installment\npayments are not in default.\n 8. The treasurer is authorized and empowered to establish other terms\nand conditions which are consistent with and necessary to implement the\nprovisions of this section. Such terms and conditions shall be in\nwriting and available in the office of the treasurer.\n