Operations Policy And Procedure Notices #02/01

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Operations Policy And Procedure Notices #02/01

Date:

December 27, 2001

Subject:

ECB Violations Enforced Tax Liens To Be Denoted on BIS

Effective:

Immediately

Purpose:

To provide a designation on the Property Profile Index screen (BIS) to indicate whether an ECB violation was served such that a resulting money judgement can be enforced by the New York City Department of Finance as a tax lien pursuant to Administrative Code Section 26-126.5. To provide notice to the public that a tax lien exists, or may exist, with respect to a specific premises.

Background:

Under this law, which became effective in September of 2000, if (1) the ECB Notice of Violation is served according to the requirements of the law; (2) the respondent is found in violation by ECB; and (3) the respondent fails to pay the money judgement imposed, the dollar amount owed will be enforceable as a tax lien on the premises.

For purposes of this OPPN, all ECB violations which may result in enforcement as tax liens are called "tax lienable" violations. All other ECB violations are called "ordinary" ECB violations.

Specifics:

Procedure For Issuance of "Tax Lienable" ECB Violations:

To determine whether a violation can be tax leinable, and to determine how it must be served, see text of Administrative Code Section 26-126.5 or consult with the Special Enforcement Unit.

Once the violation has been issued and properly served, the violation should be submitted to the Administrative Enforcement Unit (AEU) for data entry. The violation must be accompanied by a note to AEU indicating its "tax lienable" status.

Data Entry by AEU of "Tax Lienable" ECB Violations:

AEU will data enter the violation into AIMS (the ECB database, formerly known as BARAMIS). In the AIMS data entry system, on the page called "Building Violation Entry-page 1 of 4," AEU will proceed with normal data entry until reaching the box that says "TAX LIEN:" For all "tax lienable" violations, AEU will place an "X" in that box. (See attached printout of AIMS screen.) AEU will then proceed with normal data entry.

Explanation of How Tax Lienable Status of ECB Violations Will Appear on BIS:

A notation indicating that an ECB violation is tax lienable will appear on BIS in three places: once on the "Actions" screen and twice in the Violations screens. The significance of all abbreviations is explained below.

1. Actions Screen

(a) Some notations on the Actions screen will remain unchanged. They are as follows:

VECB = Ordinary ECB violation
VEC* = Ordinary ECB violation has been lifted
VECW = Ordinary ECB violation for elevator work without a permit.
VEW* = Ordinary ECB violation for elevator work a permit has been lifted.

(b) New notations on the Actions screen will reflect which of the above were "tax lienable" instead of ordinary. They are as follows:

VECL= ECB violation that is tax lienable.
VEL*= ECB violation where the violation has been lifted, but penalty remains unpaid and is tax lienable.
VEWL= ECB violation (elevator, work without permit)that is tax lienable.
VWL*= ECB violation (elevator work without permit)where the violation has been lifted, but penalty remains unpaid and is tax lienable.

(c) If a respondent were to pay the amount owed, the categories in subsection (b) above would revert to the following:
VECL = VECB
VEWL = VECW
VEL* = VEC*
VWL* = VEW*

The violation is lifted when (1) the violation is dismissed at ECB, or (2) a certificate of correction of the violation is approved by AEU.

2. Violations Screens

(a) "ECB Query By Location" Screen: This screen lists all the ECB violations on a property. If a violation is "tax lienable," the words "TAX LEIN SERV" will appear under the column that reads "DOB VIOL NUMB / PROV LAW." (See attached printout of BIS "ECB Query By Location" Screen.)

(b) "ECB Violation Details" Screen: this screen shows violations details for a particular violation. If a violation is "tax lienable," the field that says " TAXLIEN SERV" on the right side of the screen will have the word "YES" next to it." (See attached printout of BIS "ECB Violation Details" Screen.)

The notations on these two screens are historical. This means that they will always appear, regardless of whether the money owed was ultimately paid. They show that the violation was served so that it could be enforced as a lien. This historical data will enable the Department to track and report its use of tax lienable ECB violations.