2023 New York Laws › RPT - Real Property Tax › Article 11 - Procedures for Enforcement of Collection of Delinquent Taxes › Title 3-A - Homeowner Bill of Rights and Related Provisions › 1144 - Homeowner Warning Notices.

§  1144.  Homeowner warning notices. 1. (a) In the case of residential
property as defined by section eleven hundred eleven  of  this  article,
when  personal notice of the commencement of a foreclosure proceeding is
mailed pursuant to section eleven hundred twenty-five of  this  article,
such  notice  shall  include  or be accompanied by the homeowner warning
notice  described  by  paragraph  (b)  of  this  subdivision.  Provided,
however,  that  in a tax district that does not enforce delinquent taxes
pursuant to this article, such homeowner warning notice  shall  be  sent
when the foreclosure proceeding is commenced.
(b) Such notice shall be in substantially the following form:
"YOU MAY BE AT RISK OF FORECLOSURE ON A PROPERTY TAX LIEN. PLEASE READ
THE FOLLOWING NOTICE CAREFULLY.
As  of  (enter  date),  your property taxes have not been paid for the
following years and amounts each year: (enter years and amounts)
The total needed to pay off all tax arrears as of  the  date  of  this
notice is: (enter amount due)
Under  New  York State law, we are required to send you this notice to
inform you that you are at risk of losing your home.
Attached to this notice is  a  list  of  government  approved  housing
counseling  agencies in your area which provide free counseling. You can
also call the NYS Office of the Attorney General's Homeowner  Protection
Program  (HOPP)  toll-free  consumer  hotline  to  be  connected to free
housing counseling or legal services  in  your  area  at  1-855-HOME-456
(1-855-466-3456),  or visit their website. A statewide listing by county
is also available at the website of the New  York  State  Department  of
Financial  Services.  Qualified  free  help  is available; watch out for
companies or people who charge a fee for these services.
Housing counselors from New York-based agencies listed on the  website
above  are  trained  to  help  homeowners who are having problems making
their tax payments and can help  you  find  the  best  option  for  your
situation.
If  you  wish,  you  may  also  contact our office directly to discuss
possible payment plans and other options.
While we  cannot  assure  that  a  mutually  agreeable  resolution  is
possible,  we  encourage you to take immediate steps to try to achieve a
resolution.
The longer you wait, the fewer options you may have.
If you have not taken any actions to resolve this matter within ninety
days from the date this notice was mailed, we may commence legal  action
or  other  remedies  against  you  to  foreclose the tax lien, which may
eventually result in eviction from your home.
Under New York State law, you may  be  barred  from  entering  into  a
payment  plan  or  from being permitted to make any payment to save your
home after the "Redemption Date". In your case, the "Redemption Date" is
tentatively set as (enter date).
IMPORTANT: You have the right to remain in your home until you receive
a court order telling you to leave the property; however, you  may  lose
the  right to continue ownership of your home after the Redemption Date.
If a foreclosure action is filed against you in court,  you  still  have
the right to remain in the home until a court orders you to leave.
This  notice  is  not an eviction notice, and a foreclosure action has
not yet been commenced against you.
You should also be aware that if you are a senior  citizen,  a  person
with  a  physical  disability and/or a veteran, you may be entitled to a
partial exemption from property taxes. If you are not already  receiving
one  or  more  of  these exemptions and would like information about the
eligibility and application  requirements,  please  contact  your  local
assessor's office."
(c)  In  a tax district that does not pursue foreclosure when property
is owned by a person receiving one of more of the exemptions  listed  in
such notice, a sentence reading substantially as follows shall be added:
"If  you are currently receiving one or more of these exemptions, please
contact us immediately so that we may suspend the foreclosure."
2. A failure of the owner to receive such notice shall not prevent the
collection and enforcement of the payment of the taxes on property owned
by such person.
3.  Such  notice  may  be  accompanied by a list of housing counseling
agencies that serve  the  county  in  which  the  property  is  located,
including  the  last  known  addresses  and  telephone  numbers  of such
agencies. The department of financial services shall make  available  on
its  website  a  listing,  by  county,  of  such agencies. The enforcing
officer shall use such lists to meet the requirements of this section.
4. Such notice shall also include or be accompanied  by  a  statement,
set forth in each of the twelve most common non-English languages spoken
by  limited-English  proficient  individuals  in the state, based on the
data in the most recent American Community Survey  published  by  United
States  Census  Bureau,  advising them that a translated version of this
notice, or a detailed summary thereof, may be found on  the  website  of
the  New  York state office of general services. This requirement may be
satisfied  by  posting  a  statement  in  each  such  language  that  is
substantially  equivalent  to  the  following:  "YOU  MAY  BE AT RISK OF
FORECLOSURE ON A PROPERTY TAX LIEN. To see this notice  in  (insert  the
name  of  the  applicable  language),  go  to (insert the applicable URL
address)."