The purpose of this article is to set forth
and provide the terms by which certain delinquent real property taxes
may be paid in installments consistent with and pursuant to § 1184
of the Real Property Tax Law. All definitions, terms, and conditions
of such statute shall apply to this article.
As used in this article, the following terms
shall have the meanings indicated:
CURRENT TAXES
The taxes, including interest, penalties, and other charges,
that have accrued against a parcel and that are not yet delinquent.
DELINQUENT TAXES
As used herein, the taxes, including interest, penalties
and other charges, that have accrued against a parcel and that remain
unpaid as of the 30th day of September of the year in which such taxes
were levied.
DUE DATE
The date upon which any payment pursuant to an installment
agreement shall be due, which payment shall not be considered made
unless and until such payment is received by the enforcing officer.
ELIGIBLE DELINQUENT TAXES
All delinquent taxes, including interest, penalties and other
charges, that have accrued against a parcel as of the date on which
an installment agreement is executed, regardless of whether such delinquent
taxes are subject to in rem foreclosure.
ELIGIBLE OWNER
An owner of real property who is eligible to or has entered
into an installment agreement.
ENFORCING OFFICER
The Town of Bedford Receiver of Taxes or such person or persons
as the Receiver of Taxes may authorize to perform the duties provided
herein.
INSTALLMENT AGREEMENT
A written agreement between an eligible owner and the enforcing
officer providing for the payment of eligible delinquent taxes in
installments pursuant to the provisions of § 1184 of the
Real Property Tax Law and this article.
The enforcing officer is authorized to enter
into installment agreements providing for payment of eligible delinquent
taxes in installments with property owners. An installment agreement
shall be made available to each eligible property owner on a uniform
basis pursuant to the provisions of the New York Real Property Tax
Law and this article. Installment agreements shall commence upon execution
by and between the enforcing officer and the eligible owner. The installment
agreement shall be kept on file in the offices of the Town Tax Receiver,
and copies of each installment agreement shall be provided to the
Town Controller.
Every agreement for payment of delinquent taxes
in installments shall provide:
A. The maximum term of the installment agreement, which
shall not exceed 24 months.
B. The payment schedule, which shall be monthly, bimonthly,
quarterly or semiannually.
C. The required initial down payment, if any, which shall
not exceed 25% of the eligible delinquent taxes.
The amount due under an installment agreement
shall be the eligible delinquent taxes plus the interest that is to
accrue on each installment payment up to and including the date on
which each payment is to be made. The agreement shall provide that
the amount due shall be paid, as nearly as possible, in equal amounts
on each payment due date. Each installment payment shall be due on
or before the last day of the month in which it is to be paid.
Interest on the total amount of eligible delinquent
taxes, less the amount of the down payment made by the eligible owner,
if any is required, shall be that amount as determined pursuant to
§ 924-a of the Real Property Tax Law, the Westchester County
Tax Act, or such other law as may be applicable. The rate of interest
in effect on the date the agreement is signed shall remain constant
during the period of the agreement. If an installment is not paid
on or before the date it is due, interest shall be added at the applicable
rate for each month or portion thereof until paid. In addition, if
an installment is not paid by the end of the 15th calendar day after
the payment due date, a late charge of 5% of the overdue payment shall
be added.
The provisions of this article shall not affect
the tax lien against the property, except that the lien shall be reduced
by the payments made under an installment agreement and that the lien
shall not be foreclosed during the period of installment payments,
provided that such installment payments are not in default.