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Peekskill staff to post delinquent-tax list; legal change means surplus funds return to owners

Peekskill City Council · September 3, 2024
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Summary

City staff said they will post a delinquent-tax list with the Westchester County Clerk and begin outreach before an anticipated tax sale in February–March; an attorney explained the Supreme Court's Tyler v. Hennepin decision now requires surplus proceeds be returned to property owners rather than retained by municipalities.

City Manager Mr. Alexander said staff plan to file a delinquent-property list with the Westchester County Clerk as the first step toward a potential tax sale, with posting and outreach meant to give property owners time to pay or arrange plans before any sale. "There are, about $2,700,000 in, owed amounts and then there are a lot about another million dollars almost in penalties and interest that the city would collect," Mr. Alexander said as he described the scope of outstanding liabilities.

Acting corporation counsel explained how a recent U.S. Supreme Court decision has changed the city's options for in rem tax enforcement. The attorney summarized Tyler v. Hennepin, saying the court "has foreclosed that route, and now the state legislature is... beginning to put together a process for how property owners can reclaim that surplus," meaning surplus proceeds would be returned to property owners after the delinquent taxes are paid. Councilmembers asked staff to notify council and the public when the mailing is sent and to outline the timeline; staff said the list filing with the county clerk should happen within about 7–10 days and that outreach work will continue over several months to encourage payment without sale.

The presentation was framed as information only; staff said there was no resolution attached to the briefing and that a further report will return to the council. Councilmembers emphasized the city's intent "not to take people's homes" but to provide opportunities to pay and noted the need to explain changed redemption rights under the new case law.