Chapter 58 - DEPARTMENT OF FINANCE

Section 1501.

Section 1501.

  §  1501.   Department; commissioner.   There shall be a department  of
finance, the head of which shall be the commissioner of finance.

Section 1502.

Section 1502.

  § 1502. Deputies. The mayor may appoint three deputy commissioners. In
addition,   the  mayor  shall  appoint  one  deputy  commissioner  whose
functions shall be to serve as the city sheriff.   The commissioner  and
deputy commissioners shall provide a bond. The first deputy commissioner
shall  supervise  and  be  responsible for the operations of the parking
violations bureau.

Section 1503.

Section 1503.

  §  1503.  Powers and duties of the commissioner. In the performance of
his or her functions, the commissioner shall have, in addition  to  such
others  as  may be conferred upon such commissioner from time to time by
law, the power and duty to prepare and disburse payroll  checks  upon  a
master  warrant  prepared  by  the  comptroller  as  prescribed  in  the
administrative code.

Section 1504.

Section 1504.

  §  1504.  Functions of the department. Except as otherwise provided by
law, the department shall perform those functions and operations of  the
city  which  relate  to  the administration and collection of all taxes,
assessments and charges imposed by the city, the collection  of  arrears
due  the  city  and  all  other  sums  due the city, including state and
federal aid, the receipt and safekeeping of all  moneys  paid  into  the
city  treasury  and  payment  of  money  out  of  the  treasury, and the
administration and management of certain trust funds held by  the  city,
including, without limitation, the following:
  1.  Real  property  assessment.  With  respect  to  real  property tax
assessment, the department shall assess for  taxation  all  the  taxable
real  property  in  the  city  and  prepare  the  assessment  rolls. The
commissioner shall appoint, within the appropriation therefor,  as  many
assessors as shall be necessary for the performance of such functions in
accordance with the provisions of this chapter.
  2.  Tax  collection. a. The department shall administer all excise and
non-property taxes imposed or administered by the city. With respect  to
such taxes, the department shall have the power to settle and adjust all
claims in favor of or against the city and, except with respect to cases
within  the  jurisdiction  of  the  tax  appeals tribunal established by
section one hundred sixty-eight of this charter, to make  determinations
in  contested cases. For such purposes, the commissioner or his delegate
may, except with respect to cases within the jurisdiction  of  such  tax
appeals tribunal, hold hearings and administer oaths.
  b.  The  department  shall  collect all real property taxes, water and
sewer charges, other assessments and arrears against real  property  and
all other taxes, assessments and arrears payable to the city.
  c. Notwithstanding the provisions of any general, special or local law
to  the contrary, the commissioner shall have the exclusive authority to
compromise any excise or nonproperty taxes or annual  vault  charges  or
any  warrant or judgment for excise or nonproperty taxes or annual vault
charges administered by  the  commissioner,  and  the  civil  penalties,
interest  and additions to tax or charge in connection therewith, if the
tax debtor has been discharged in bankruptcy,  or  is  shown  by  proofs
submitted to be insolvent, but the amount payable in compromise shall in
no  event  be  less  than  the amount, if any, recoverable through legal
proceedings, and provided that where the  amount  owing  for  excise  or
nonproperty  taxes  or  annual  vault  charges,  exclusive  of any civil
penalties, interest and additions to tax or charge, or  the  warrant  or
judgment,  exclusive  of  any civil penalties, interest and additions to
tax  or  charge,  is  more  than  one  hundred  thousand  dollars,  such
compromise  shall  be  effective  only when approved by a justice of the
supreme court.
  d. Notwithstanding the provisions of any general, special or local law
to the contrary, the commissioner shall have the exclusive authority  to
compromise  civil liability, with such qualifications and limitations as
may be established pursuant  to  such  rules  as  the  commissioner  may
prescribe,  where  such liability arises in connection with an excise or
nonproperty tax or annual vault charge administered by the commissioner,
at any time prior to the time the tax or administrative  action  becomes
finally  and  irrevocably  fixed and no longer subject to administrative
review. Upon acceptance of an offer in compromise by  the  commissioner,
the  matter  may  not  be  reopened  except  upon  a  showing  of fraud,
malfeasance or misrepresentation of a  material  fact.  The  corporation
counsel  may  compromise  any  such liability after reference to the law
department for prosecution or defense at any time prior to the time  the
tax  or  administrative  action  taken  by  the  department is no longer
subject to administrative or judicial review. Whenever a  compromise  is

made  by  the department of any such liability, there shall be placed on
file in the office of the commissioner the opinion of  the  commissioner
or  a  deputy  commissioner, with reasons therefor, with a statement of:
(i)  the  amount of excise or nonproperty tax or annual vault charge and
any other issues that may be the subject of such  compromise,  (ii)  the
amount  of  interest,  additions to the tax or penalty imposed by law on
the taxpayer or other persons against whom the administrative action was
taken  by  the  department,  and  (iii)  the  amount  actually  paid  in
accordance  with  the  terms  of  the  compromise.  Notwithstanding  the
preceding sentence, no such opinion shall be required  with  respect  to
the  compromise of any civil liability in which the unpaid amount of the
excise or nonproperty tax or annual vault charge that was the subject of
the administrative action (including any interest, additions to tax,  or
penalty) is less than twenty-five thousand dollars.
  e.  Nothing in paragraph c or d of this subdivision shall be construed
to diminish or otherwise impair any power of  the  department  exercised
pursuant to any other provision of law.
  3. Deposit and payment of moneys in the city treasury; trust funds.
  a.  The  department  shall  have the power and duty to provide for the
reception and safekeeping of all moneys paid into the  treasury  of  the
city  and  for  the  payment  of  all  moneys  on  warrants drawn by the
comptroller and countersigned by the commissioner.
  b. The department shall administer and manage all trust funds received
or held by the city pursuant to a judgment, decree or order of any court
or under section eleven hundred twenty-three of  the  surrogate's  court
procedure  act,  section  ninety-nine-m  of  the  general municipal law,
sections eighty-seven and three-h of the social services  law,  sections
four hundred twenty-six and four hundred thirty-two of the real property
law,  section two hundred four of the lien law, and section five hundred
fifty-three of the county law, and in such administration  it  shall  be
deemed  to  be  acting  in  a  fiduciary  capacity. The department shall
provide for the receipt and safekeeping of all such moneys of the  trust
funds  held  by the city and disburse the same on warrants signed by the
comptroller.
  c. (i) Notwithstanding any provision of law to the contrary and unless
otherwise determined by the court which directed payment of the funds in
the first instance, for purposes of administering and managing the trust
funds, other than cemetery trust funds, enumerated  in  paragraph  b  of
this  subdivision,  whenever  the department is permitted or required by
law to deposit such funds in a savings bank,  trust  company,  bank,  or
banking  association,  or  to  invest such funds in its discretion or in
legal investments for trustees or  savings  banks,  the  department  may
combine  all such trust funds into one or more common trust funds, which
may be deposited in  such  savings  banks,  trust  companies,  banks  or
banking associations as are designated by the state comptroller pursuant
to  section one hundred eighty-two of the state finance law, or invested
in legal investments for trustees or savings  banks.  Such  funds,  when
deposited in a savings bank, trust company, bank or banking association,
may  be  placed  in  demand  or  time  deposit  accounts, including time
certificates of deposit, and such deposits shall be either insured by  a
federal   deposit  insurance  corporation  or  fully  collateralized  by
securities acceptable to the state comptroller.
  (ii)  The  department  may  retain  trust  funds  temporarily  pending
investment  or  deposit  or to meet cash requirements in connection with
the deposit or withdrawal of such funds, but such temporary retention of
trust funds shall not deprive any owner or  beneficiary  of  any  income
therefrom  to which the owner or beneficiary would otherwise be entitled
by law.

  (iii) When trust  funds  are  received  by  the  department  it  shall
forthwith  open  and maintain a separate ledger account for each action,
proceeding or matter and shall keep an  exact  accounting  of  all  such
funds  and  all  income  earned  thereon  in  such  manner  as the state
comptroller may prescribe.
  4. Parking violations bureau. The department shall operate and control
the  parking  violations  bureau.  The  commissioner  shall  appoint the
director of the bureau, deputy  director  and  all  other  officers  and
employees of the bureau, and hearing examiners.

Section 1505.

Section 1505.

  §  1505. Real property tax assessment. The department shall have those
powers and duties with respect to the assessment of  real  property  for
taxation  as  are prescribed by this chapter and, in addition such other
powers and duties as may be conferred upon it by law.    The  department
shall  maintain  in  each  borough an office for the performance of such
powers and duties.

Section 1506.

Section 1506.

  § 1506. Duties of the assessors. The assessors, under the direction of
the  commissioner,  shall  assess  all  the real property in the several
districts that may be assigned to them by  the  commissioner  and  shall
prepare  the  assessment  rolls.  The  term  "assessment"  shall  mean a
determination by the  assessors  of  (a)  the  taxable  status  of  real
property  as  of  the taxable status date; and (b) the valuation of real
property, including the valuation of exempt  real  property,  and  where
such property is partially exempt, the valuation of both the taxable and
exempt portions.

Section 1507.

Section 1507.

  §  1507.    Taxable status of property. The taxable status of all real
property assessable for taxation in the city  shall  be  fixed  for  the
succeeding fiscal year on the fifth day of January in each year.

Section 1508.

Section 1508.

  §  1508.  Assessment of real property. The assessors shall commence to
assess real estate on the  first  day  of  July  in  each  year,  not  a
Saturday, Sunday or legal holiday.

Section 1509.

Section 1509.

  §  1509.  Statement of assessed valuation. An assessor or other person
designated by the commissioner shall compute from the annual  record  of
the  assessed  valuation  of  real  estate  in  each  borough  the total
aggregate amount of the assessed valuation of real property appearing on
such annual record for such borough, and shall transmit a  statement  of
such  aggregate amount to the commissioner on or before the fifth day of
January in each year.

Section 1510.

Section 1510.

  §  1510.  Annual  record of assessed valuation; public inspection. The
books of the annual record of the  assessed  valuation  of  real  estate
shall  be  opened  to  the  public  not  later than the fifteenth day of
January in each year, not a  Saturday,  Sunday  or  legal  holiday,  and
remain  open  during  the usual business hours for public inspection and
examination until the first day of March thereafter.  The  commissioner,
previous  to  and  during  the  time  such  books  are  open  to  public
inspection, shall advertise such fact in the City  Record  and  in  such
other  newspaper  or newspapers published in the several boroughs as may
be authorized by the director of the City Record with  the  approval  of
the mayor and the comptroller.

Section 1511.

Section 1511.

  §  1511.    Notice of increase in assessed valuation of real property.
The department or  division  responsible  for  the  assessment  of  real
property shall, upon an increase in assessed valuation of real property,
notify  the  owner,  as recorded in said department or division, of such
increase by first-class mail at least thirty days  prior  to  the  final
date for filing any appeal.  The department or division shall notify the
commissioner  of  the  mailing  of  such  notices  by  the  filing of an
affidavit of such mailing in the main office of the department.

Section 1512.

Section 1512.

  §  1512.   Annual record of assessed valuation, additions and changes.
During the time the books of the annual record of the assessed valuation
of real estate remain open for public inspection and  examination,  and,
in the case of real estate other than residential real estate, during an
additional  period  ending  the  tenth  day  of  May  in  each year, the
commissioner may place on such  books  any  real  estate  and  also  the
assessed  valuation  of  any such real estate that may have been omitted
from such books on the day of the opening thereof, and may  increase  or
diminish   the   assessed  valuation  of  any  real  estate  as  in  the
commissioner's judgment may be just or necessary for the equalization of
taxation; but no such addition to the books  and  no  such  increase  in
assessed  valuation  shall  be made, except upon mailing ten days' prior
written notice addressed to the person whose name appears on the records
in the office of the city collector as being the owner or agent  of  the
owner  of  the real estate affected thereby at the last known address of
such owner or agent. Where no name appears on such records  such  notice
shall be sent to the premises addressed to either the owner or agent. An
affidavit  of  such  mailing  shall  be  filed in the main office of the
department.  When such notice is mailed after the first day of February,
such owners may apply for a correction of such assessment so added or so
increased within twenty days after the mailing of such notice  with  the
same  force and effect as if such application were made on or before the
first day of March in such year. For purposes of this section  the  term
"residential  real  estate"  shall include but not be limited to one and
two-family homes and  multiple  dwellings  (including  co-operative  and
condominium  dwelling  units),  but  shall not include hotels, apartment
hotels and motels.

Section 1513.

Section 1513.

  §  1513.  Apportionment  of  assessments. When any separately assessed
parcel of real estate shall have been divided prior to the first day  of
June,  the  commissioner  may  apportion  the assessment thereof in such
manner as may be provided by law.

Section 1514.

Section 1514.

  §  1514.  Assessment  rolls;  preparation  and delivery. 1. Commencing
immediately after the close of the  period  for  public  inspection  and
examination  of  the books of annual record of the assessed valuation of
real estate, the commissioner shall cause  to  be  prepared,  from  such
books,  assessment  rolls  for  each  borough in such manner as shall be
provided by law.
  2. As soon as such rolls are completed, the commissioner  shall  annex
to  each  of  such  rolls  a  certificate  that  the  same is correct in
accordance with the entries and corrected entries in the  several  books
of  annual  record.    The  rolls  so  certified  must, on or before the
twentieth day of June in each year, be delivered by the commissioner  to
the council.

Section 1515.

Section 1515.

  §  1515.    Statement  and estimate by the mayor.   a. The mayor shall
prepare and submit to the council, immediately upon the  adoption  of  a
single  budget  pursuant  to section two hundred fifty-four, a statement
setting forth the amount of the budget as approved by  the  council  for
the  ensuing  year and the mayor shall prepare and submit to the council
not later than the fifth day of June an estimate of the probable  amount
of (1) receipts into the city treasury during the  ensuing  fiscal  year
from all the sources of revenue of the general fund and (2) all receipts
other  than  those  of the general fund and taxes on real property.  The
mayor may include in the statement  of  the  amount  of  the  budget  as
approved by the council a confirmation of such amount, and thereby waive
mayoral veto power pursuant to section two hundred fifty-five.
  b.    If,  as a result of the exercise of the mayor's veto pursuant to
section two hundred fifty-five, the amount of the budget for the ensuing
fiscal year differs from the  amount  of  the  budget  approved  by  the
council  pursuant  to section two hundred fifty-four, not later than two
days after the budget is finally adopted the  mayor  shall  prepare  and
submit to the council a statement setting forth the amount of the budget
for  the  ensuing  year,  and  the  council shall, if necessary, fix new
annual tax rates pursuant to subdivision c of section one thousand  five
hundred sixteen.
  c.    The  mayor, prior to establishing the final estimate of revenues
for the ensuing fiscal year as required by this section, shall  consider
any  alternative  estimate  of  revenues  which is submitted pursuant to
subdivision d of this section and which is accompanied by a statement of
the methodologies and assumptions upon which such estimate is  based  in
such   detail   as  is  necessary  to  facilitate  official  and  public
understanding of such estimates.
  d.  Any person or organization may, prior to the fifteenth day of May,
submit to the mayor an official alternative  estimate  of  revenues  for
consideration  by  the  mayor  in  accordance with subdivision c.   Such
estimate shall be in a form prescribed by the mayor.

Section 1516.

Section 1516.

  §  1516.    Fixing of tax rates.  a.  The council shall fix the annual
tax rates immediately upon  the  approval  of  the  budget  pursuant  to
section  two  hundred  fifty-four.    The council shall deduct the total
amount of receipts as estimated by the mayor  from  the  amount  of  the
budget, for the ensuing fiscal year, and shall cause to be raised by tax
on real property such sum as shall be as nearly as possible but not less
than,  the  balance  so  arrived  at,  by  fixing tax rates in cents and
thousandths of a cent upon each dollar of assessed valuation.   The  tax
rates  shall  be  such  to  produce  a  balanced budget within generally
accepted accounting principles for municipalities.
  b.  If a single budget has not been adopted by the fifth day  of  June
pursuant  to  subdivision  b  of section two hundred fifty-four, the tax
rates adopted for the current fiscal year shall be deemed to  have  been
extended  for  the  new  fiscal  year until such time as a new budget is
adopted.
  c.   In the event the mayor  exercises  the  veto  power  pursuant  to
section two hundred fifty-five, the council shall, if necessary, fix new
annual  rates  not later than the date the budget is finally adopted, in
accordance with the requirements of subdivision a of this section.

Section 1516-a.

Section 1516-a.

  §  1516-a.    Fixing of tax rates.   Notwithstanding the provisions of
sections fifteen hundred sixteen, fifteen hundred seventeen and  fifteen
hundred eighteen or any other provisions of law to the contrary:
  (a)  If  the  city council has not fixed the tax rates for the ensuing
fiscal year pursuant to section fifteen hundred sixteen on or before the
fifth day of June, the commissioner of finance shall  be  authorized  to
complete  the  assessment rolls using estimated rates and to collect the
sums therein mentioned according to law. The estimated rates shall equal
the tax rates for the current fiscal year.
  (b) If, subsequent to the  fifth  day  of  June,  the  council  shall,
pursuant  to  section fifteen hundred sixteen, fix the tax rates for the
ensuing fiscal year at percentages differing from the  estimated  rates,
real  estate  tax  payments  shall nevertheless be payable in accordance
with subdivision a of this section at the estimated rates.  However,  in
such  event,  prior to the first day of January in such fiscal year, the
commissioner of finance shall cause the completed assessment rolls to be
revised to reflect the tax  rates  fixed  by  the  council  pursuant  to
section fifteen hundred sixteen, and an amended bill for the installment
or  installments  for  such  fiscal year due and payable on or after the
first day of January shall  be  submitted  to  each  taxpayer  in  which
whatever  adjustment  may  be required as a result of the estimated bill
previously submitted to the taxpayer shall be reflected.

Section 1517.

Section 1517.

  §  1517.   Completion of assessment rolls.  At such annual meeting the
council shall cause to be set down in the assessment rolls, opposite  to
the  several  sums  set  down  as  the  valuation  of real property, the
respective sums, in dollars and cents, to be  paid  as  a  tax  thereon,
rejecting  the fractions of a cent.  It shall also cause to be added and
set down the aggregate valuations of the real property  in  the  several
boroughs,  and  shall transmit to the comptroller of the state by mail a
certificate of such aggregate valuation in each borough.

Section 1518.

Section 1518.

  §  1518. Collection of the real property tax. 1.  Immediately upon the
completion of the assessment rolls, the city  clerk  shall  procure  the
proper  warrants  authorizing  and requiring the commissioner to collect
the several sums therein mentioned according to law. Such warrants  need
be  signed  only  by  the public advocate and counter-signed by the city
clerk. Immediately thereafter and on or  before  the  thirtieth  day  of
June,  the  assessment  rolls of each borough, as corrected according to
law and finally completed, or a fair copy thereof, shall be delivered by
the public advocate to the commissioner with  the  proper  warrants,  so
signed  and counter-signed, annexed thereto. At the same time the public
advocate shall notify the comptroller of the amount  of  taxes  in  each
book of the assessment rolls so delivered.
  2.  The  commissioner upon receiving the assessment rolls and warrants
shall immediately cause the assessment rolls and warrants to be filed in
the respective borough offices.

Section 1519.

Section 1519.

  §  1519.  Real  property  taxes  due  and  payable.  The commissioner,
immediately after receiving the assessment rolls, shall give notice  for
at  least  five  days  in the City Record that the assessment rolls have
been delivered to the commissioner and that all taxes shall be  due  and
payable at the commissioner's office as follows:
  1. a. With respect to all properties which are:
  (1) real property with an assessed valuation of forty thousand dollars
or  less  on  such  assessment  roll,  except  such  property  held in a
cooperative form of ownership;
  (2) real property held in a cooperative form  of  ownership,  provided
that  the  assessed  valuation  on such assessment roll of such property
divided by the number of dwelling units contained in such property shall
equal forty thousand dollars or less;
  (3) for the fiscal year commencing on the first day of July,  nineteen
hundred ninety-eight, and for each fiscal year thereafter, real property
(i)  with  an  assessed  valuation of eighty thousand dollars or less on
such assessment roll, except such property held in a cooperative form of
ownership, and (ii) classified as class one or class two  in  accordance
with  subdivision  one  of  section  eighteen  hundred  two  of the real
property tax law as such subdivision was in  effect  on  January  fifth,
nineteen hundred ninety-seven; and
  (4)  for the fiscal year commencing on the first day of July, nineteen
hundred ninety-eight, and for each fiscal year thereafter, real property
held in a cooperative form of ownership, provided that (i) the  assessed
valuation on such assessment roll of such property divided by the number
of dwelling units contained in such property shall equal eighty thousand
dollars  or  less,  and (ii) such property is classified as class one or
class two in accordance with subdivision one of section eighteen hundred
two of the real property tax law as such subdivision was  in  effect  on
January fifth, nineteen hundred ninety-seven; all taxes upon real estate
for each fiscal year shall be due and payable in four equal installments
each  of  which  shall  be  due and payable in such year as follows: the
first payment on the first day of July, the second payment on the  first
day  of  October,  the  third  payment  on the first day of January, the
fourth payment on the first day of April. However, if  any  property  is
acquired  by  the  city  in  condemnation proceedings, the proportionate
share of the amount of the tax on such property which would be  due  and
payable  on  the  next  succeeding  installment  date,  shall be due and
payable on the date when the title to such property vests in the city.
  b. With respect to real property other than such  property  listed  in
paragraph  a  of this subdivision one, for the fiscal year commencing on
the first day of July nineteen hundred eighty-three and for each  fiscal
year  thereafter:  all taxes upon real estate for each fiscal year shall
be due and payable in two equal installments, the first of  which  shall
be due and payable on the first day of July in such year, and the second
of  which  shall  be due and payable on the first day of January in such
year. However, if any property is acquired by the city  in  condemnation
proceedings,  the  proportionate  share of the amount of the tax on such
property  which  would  be  due  and  payable  on  the  next  succeeding
installment date, shall be due and payable on the date when the title to
such property vests in the city.
  2.  All  taxes  shall  be and become liens on the real estate affected
thereby and shall be construed as and deemed to be  charged  thereon  on
the  respective  days when they become due and payable, and not earlier,
and shall remain such liens until paid.
  3. Any installment of taxes on real estate for any fiscal year may  be
paid,  in  full  or in part, twenty-five days prior to the date on which
the first installment for such fiscal year would  otherwise  become  due

and  payable or at any time thereafter and, provided that payment of any
installment or part thereof is made not later than fifteen days prior to
the date that such installment would otherwise become  due  and  payable
and  provided  that all prior installments shall have been paid or shall
be paid at the same time, a discount shall be allowed from the  date  of
payment  of  such  installment  or  part  thereof  to  and including the
fifteenth day of the calendar month  on  which  such  installment  would
otherwise  become due and payable at the rate fixed by the council and a
receipt shall be furnished  to  the  extent  of  such  payment  and  the
discount  thereon.  Upon payment of any such installment or part thereof
prior to the date  such  installment  would  otherwise  become  due  and
payable,  such  installment  or  part  thereof  shall  be deemed due and
payable and shall be satisfied and extinguished to  the  extent  of  the
amount so paid plus the discount provided for herein. Not later than the
fifteenth day of May in each year, the banking commission shall transmit
a  written  recommendation  to the council of the proposed discount rate
for the ensuing fiscal year. The council may adopt a discount  rate  for
such ensuing fiscal year on the fifth day of June preceding such ensuing
fiscal  year or at any time thereafter. As used in this subdivision, the
words "taxes on real estate," in the case of  utility  companies,  shall
also include special franchise taxes.
  4.  a.  (1)  Notwithstanding  anything  in  subdivision  three  to the
contrary, the discount allowed pursuant to such subdivision shall not be
allowed to and including the fifteenth day  of  the  calendar  month  in
which  an  installment  of taxes on real property would otherwise become
due and payable  if  the  real  property  with  respect  to  which  such
installment  is  paid  is  described in paragraph b of this subdivision.
With respect to real property described in  paragraph  b,  the  discount
shall  be allowed only to and including the date on which an installment
of taxes becomes due and payable.
  (2) Notwithstanding anything in subdivision three to the contrary,  no
discount  shall  be  allowed  with respect to an installment of taxes on
real property described in paragraph b of this subdivision  unless  such
installment is paid no later than thirty days prior to the date on which
such installment becomes due and payable.
  b. Real property is described in this paragraph if:
  (1)  its  assessed  valuation  is  more  than  forty thousand dollars,
provided that, for this purpose, real property  held  in  a  cooperative
form  of  ownership shall not be deemed to have an assessed valuation of
more than forty thousand dollars if its assessed  valuation  divided  by
the  number  of  dwelling  units contained therein equals forty thousand
dollars or less, except that for the fiscal year commencing on the first
day of July, nineteen hundred ninety-eight, and  for  each  fiscal  year
thereafter,  such  property  shall  not  include  real  property with an
assessed valuation of eighty thousand dollars or  less,  provided  that,
for  this purpose, real property held in a cooperative form of ownership
shall not be deemed to have an assessed valuation of  more  than  eighty
thousand  dollars  if  its  assessed  valuation divided by the number of
dwelling units contained therein equals eighty thousand dollars or less,
and provided, further, that such real property  or  such  real  property
held  in  a  cooperative form of ownership is classified as class one or
class two in accordance with subdivision one of section eighteen hundred
two of the real property tax law as such subdivision was  in  effect  on
January fifth, nineteen hundred ninety-seven; or
  (2)  irrespective  of  its  assessed valuation, real property taxes on
such property are held in escrow and  paid  to  the  commissioner  by  a
mortgage escrow agent.

  c.  For purposes of this subdivision, the term "mortgage escrow agent"
shall include every banking organization, federal savings bank,  federal
savings and loan association, federal credit union, bank, trust company,
licensed  mortgage  banker,  savings bank, savings and loan association,
credit  union,  insurance  corporation  organized  under the laws of any
state other than New York, or any other person, entity  or  organization
which,  in  the  regular  course of its business, requires, maintains or
services escrow accounts in connection with mortgages on  real  property
located in the city.
  5.  The  provisions of this section shall not apply to any installment
of tax that becomes due and payable on or after July first, two thousand
five.

Section 1519-a.

Section 1519-a.

  §  1519-a.  Real  property  taxes  due  and payable. The commissioner,
immediately after receiving the assessment rolls, shall give notice  for
at  least  five  days  in  the City Record that the assessment rolls are
final and that all taxes shall be due and payable as follows:
  1. The provisions of this section shall apply to  any  installment  of
tax  that  becomes  due and payable on or after July first, two thousand
five.
  2. Real property with an assessed value of two hundred fifty  thousand
dollars or less.
  (a)  Quarterly  installments.  All property taxes shall be due in four
equal installments.
  (b) Due date of installments. The first installment shall  be  due  on
July  first,  the  second installment shall be due on October first, the
third  installment  shall  be  due  on  January  first  and  the  fourth
installment shall be due on April first.
  (c)  Discount  for early payment. A discount, at a percentage provided
for in subdivision seven of this section, shall  be  allowed  for  early
payment  of  an  installment  in  accordance  with  this subdivision, as
follows:
  (i) if all the installments due for a fiscal year are paid in full  on
or  before  July  fifteenth,  a  discount  shall  be  allowed  for  such
installments.
  (ii) if the installments due on October first, January first and April
first are paid in full on or before October fifteenth, a discount  shall
be allowed for such installments.
  (iii)  if  the  installments  due on January first and April first are
paid in full on or before January fifteenth, a discount shall be allowed
for such installments.
  3. Real property with an assessed value  of  over  two  hundred  fifty
thousand dollars.
  (a)  Semi-annual  installments. All property taxes shall be due in two
equal installments.
  (b) Due date of installments. The first installment shall  be  due  on
July first and the second installment shall be due on January first.
  (c)  Discount  for early payment. A discount, at a percentage provided
for in subdivision seven of this section, shall  be  allowed  for  early
payment  of  installments  if all the installments due for a fiscal year
are paid in full on or before July first.
  4. Cooperative property. For purposes of this section,  property  held
in  the  cooperative  form  of  ownership shall not be deemed to have an
assessed value of  over  two  hundred  fifty  thousand  dollars  if  the
property's  assessed value divided by the number of residential dwelling
units is two hundred fifty thousand dollars or less per unit.
  5. For purposes of this section, a property's assessed value shall  be
based  on  the  assessed value listed on the final assessment roll on or
around May twenty-fifth.
  6. All taxes shall be and become liens on the  property  on  the  date
such taxes become due and payable, and shall remain liens until paid.
  7. Calculation of discount for early payment.
  (a)  Calculation  of  discount. Where a discount is allowed under this
section, the discount shall be a percentage of the installments paid.
  (b)  Determination  of  discount  percentage.  Not  later   than   the
twenty-fifth  day of May in each year, the banking commission shall send
a  written  recommendation  to  the  council  of  a  proposed   discount
percentage for the ensuing fiscal year.
  (c)  The  council  may adopt a discount percentage on the fifth day of
June preceding such ensuing fiscal year, or at any time thereafter.

  (d) If the council does not adopt a discount percentage prior  to  the
date that the statement of account or other similar bill or statement is
prepared,  a  discount  percentage  of one and one-half percent shall be
used to determine the discount provided where a discount is allowed  for
payments  made  on  or before the last day that the installment due July
first could be paid without interest, and this percentage shall continue
to apply until the council adopts  a  discount  percentage  pursuant  to
paragraph (c) of this subdivision.
  (e) Application of discount percentages.
  (i)  For  properties  the  taxes  for  which  are  due in quarterly or
semi-annual installments, the discount percentage applied  for  payments
made on or before the last day that the installment due July first could
be  paid without interest, as set forth in subparagraph (i) of paragraph
(c) of subdivision two of this section or paragraph (c)  of  subdivision
three  of  this section, shall be the percentage established pursuant to
paragraph (c) of this subdivision or, where applicable, paragraph (d) of
this subdivision.
  (ii)  For  properties  the  taxes  for  which  are  due  in  quarterly
installments,  the  discount  percentage applied for payments made on or
before October fifteenth, as set forth in subparagraph (ii) of paragraph
(c) of subdivision two of this  section,  shall  be  two-thirds  of  the
discount percentage described in subparagraph (i) of this paragraph.
  (iii)  For  properties  the  taxes  for  which  are  due  in quarterly
installments, the discount percentage applied for payments  made  on  or
before  January  fifteenth,  as  set  forth  in  subparagraph  (iii)  of
paragraph (c) of subdivision two of this section, shall be one-third  of
the discount percentage described in subparagraph (i) of this paragraph.
  (f)  A  discount  shall be allowed only if all prior installments have
been paid or are paid at the same time  as  the  payments  for  which  a
discount would apply.
  (g)(i)  The  commissioner  may provide a discount, at a percentage not
more than two times the  discount  percentage  established  pursuant  to
paragraph  (c)  or  (d)  of this subdivision, to taxpayers who pay their
real property taxes by  electronic  funds  transfer.  This  subparagraph
shall  apply  only to taxpayers who are not required by law to pay their
real property taxes by electronic funds transfer. The commissioner shall
establish such discount percentage by rule and may promulgate such other
rules as may be necessary to implement this subparagraph.
  (ii) The commissioner may provide a discount, at a percentage not more
than two times the discount percentage established pursuant to paragraph
(c) or (d) of this subdivision, to taxpayers whose annual real  property
tax  liability  exceeds  one  million  dollars  and  who  pay their real
property taxes before the date such taxes become due and payable,  where
the  commissioner  determines  by  rule  that  it  would  be in the best
interests of the city to provide an incentive  for  such  payment  by  a
specified  date and at a specified discount percentage. The commissioner
may promulgate such other rules as may be necessary  to  implement  this
subparagraph.
  8.  As  used  in this section, "taxes" shall include special franchise
taxes in the case of utility companies.
  9. If property is acquired by the city in a  condemnation  proceeding,
on the date that title vests in the city, any tax due prior to the title
vesting  date,  and interest, shall be due and payable, and shall become
an equitable lien with first priority against any condemnation award.

Section 1520.

Section 1520.

  §   1520.   Interest   and  penalties  on  real  property  taxes.  The
commissioner  shall  charge,  receive  and  collect  the  interest   and
penalties  upon  taxes  on  real estate not paid when due and payable in
such manner and at such rates as shall be  provided  by  law,  provided,
however, where such taxes are not escrowed, and where such interest does
not exceed five dollars, it shall be forgiven.

Section 1521.

Section 1521.

  §  1521.    Right of entry.   The commissioner or any assessor may, in
accordance with law, enter upon real property  and  into  buildings  and
structures  at  all  reasonable  times to ascertain the character of the
property.  Refusal by the owner or the agent of  such  owner  to  permit
such  entry  shall  be  a misdemeanor triable by a judge of the criminal
court of the city of New York and punishable by  not  more  than  thirty
days' imprisonment or a fine of not more than fifty dollars, or both.

Section 1522.

Section 1522.

  § 1522. Warrants. No money shall be paid out of the treasury except on
a warrant authorized by law, signed by the comptroller and countersigned
by the commissioner of finance which shall refer to the law under and to
the  appropriation  against which it is drawn.  No warrant shall be paid
on account of any appropriation after the amount authorized to be raised
for the purpose specified in the appropriation shall have been expended.
In counter-signing warrants drawn by the comptroller,  the  commissioner
shall  be  under  no  duty  of inquiring as to the legality or propriety
thereof but may rely on the comptroller's signature thereto.

Section 1523.

Section 1523.

  §  1523.  Deposits. 1. The commissioner shall deposit all moneys which
shall come into the commissioner's hands on account of the city  on  the
day  of receipt thereof, or on the business day next succeeding, in such
banks and trust companies as  shall  have  been  designated  as  deposit
banks, but no amount shall be on deposit at any one time in any one bank
or trust company exceeding one-half of the amount of the capital and net
surplus  of such bank or trust company. The moneys so deposited shall be
placed to the account of the commissioner who shall  keep  a  record  in
which  shall  be entered the commissioner's accounts of deposits in, and
moneys drawn from, the banks and trust companies in which  the  deposits
shall  be  made.  Each such bank and trust company shall transmit to the
comptroller a weekly statement of the moneys which shall be received and
paid by it on account of the commissioner.
  2. The commissioner shall draw moneys of the city from said  banks  or
trust  companies  only  by checks subjoined and attached to warrants and
subscribed by the commissioner or by payment orders duly  authorized  by
the comptroller and the commissioner, and no moneys shall be paid by any
such banks or trust companies on account of the commissioner except upon
such  checks  or orders; but this provision shall not apply to transfers
of such funds from one city depository to another.
  3. The commissioner of finance, in  consultation  with  agency  heads,
shall  by rule establish criteria by which to evaluate whether banks are
using the means at their disposal to comply with the  embargo  on  trade
and financial transactions with Burma and any other sanctions imposed by
the  United  States  government  with regard to Burma, including but not
limited to:
  a. withdrawal of operations from Burma;
  b. the denial of loans, letters  of  credit  and  other  correspondent
banking services to Burmese entities;
  c. restrictions on the rescheduling of loans owed by Burmese entities,
and  on  conversion  of  outstanding  loans to instruments having longer
maturity dates; and
  d. divestiture of outstanding debt owed by Burmese entities.
  The commissioner shall, after offering banks  designated  pursuant  to
section  fifteen hundred twenty-four and the public an opportunity to be
heard, classify such banks according to such criteria and publish notice
of such classification in the City Record. The commissioner may  at  any
time,  upon  the  request  of a bank or at his or her own initiative and
after offering the public and the  bank  an  opportunity  to  be  heard,
change  the  classification of a bank and publish notice of such change.
The  failure  of  a  bank  to  provide  information  requested  by   the
commissioner  for  the purposes of this subdivision shall be grounds for
the commissioner to lower the classification of the bank. When  choosing
among  banks  offering  comparable  services  at a comparable cost, city
agencies shall, in a manner consistent with  guidelines  established  by
the  commissioner  of  finance,  seek to deposit or invest funds at, and
obtain services from, the available banks that have received the highest
classification.

Section 1524.

Section 1524.

  § 1524. Deposit banks. 1. The banking commission which consists of the
mayor,  the commissioner and the comptroller shall, by majority vote, by
written notice  to  the  commissioner,  designate  the  banks  or  trust
companies in which all moneys of the city shall be deposited, and may by
like  notice  in  writing  from  time to time change the banks and trust
companies thus designated.  The  banking  commission  shall  notify  the
council  within  thirty days of receiving an application for designation
or redesignation, and shall also notify the council within  thirty  days
of  approving  or  denying  such  application  and,  if  designation  or
redesignation was denied, the basis for denial.
  2. a. No bank or trust company shall be designated  pursuant  to  this
section unless:
  (1)  it  shall  agree  to  pay  into  the city treasury interest or to
provide the city with equivalent value on the daily balances at  a  rate
which  the  banking  commission shall negotiate according to the current
rate of interest  upon  like  balances  deposited  in  banks  and  trust
companies in the city by private persons or corporations; and
  (2)  it  shall  file  with  the  banking  commission  and city clerk a
certificate signed by the president or other duly authorized officer  of
such  bank setting forth that its board of directors has established and
will adhere to a  policy  of  hiring  and  promotion  of  employees  and
officers  without  regard  to  sex,  race,  color,  religion,  religious
affiliation, national origin, disability, age, marital status, or sexual
orientation, which certificate shall further set forth affirmatively the
steps taken by the bank or trust company to implement said policy.
  (3) it does not provide the following  services,  either  directly  or
through  a  subsidiary  or  agent,  to  the  Government  of  Burma;  (a)
advertising or otherwise promoting the sale,  outside  of  Burma,  coins
minted in Burma, (b) underwriting securities of the Government of Burma,
or (c) making loans to the Government of Burma.
  (4)  it  has certified that neither it nor any of its affiliates is or
will become a predatory lender or an affiliate thereof,  as  such  terms
are  defined  in section 6-128 of the administrative code of the city of
New York.
  b. If the banking commission by a majority vote shall  decide  that  a
requirement  or  condition  contained in paragraph a of this subdivision
has been violated after giving the bank or trust company an  opportunity
to  be heard, then upon thirty days' notice to the bank or trust company
such designation may be  revoked.  The  banking  commission  shall  post
notice  of  such  revocation  and  the reason for such revocation on the
department's website.
  3. The commissioner may, with the approval of  the  comptroller,  make
time  deposits of city moneys, for a period not to exceed six months, in
any bank or trust company designated for deposit  of  city  funds.  Each
such  bank  or  trust company shall before deposits are made, other than
such as are of a temporary character  and  specifically  relate  to  the
current  business  of the city, execute and file with the commissioner a
bond to the city in such form and in such amount as  may  be  prescribed
and approved by the commissioner and the comptroller for the safekeeping
and  prompt  payment  of city moneys on demand with interest at the rate
agreed upon and, as security for such  funds,  shall  deposit  with  the
comptroller  outstanding  unmatured  obligations of the United States of
America, or any obligation fully guaranteed or insured  as  to  interest
and  principal by the United States of America acting through an agency,
subdivision, department or division thereof, obligations of the state of
New York or obligations of the city of New York, the value of  which  at
the  existing  prices on the open market shall be equal to the estimated

amount of the proposed deposit, for which the comptroller shall  deliver
a certificate of deposit containing the condition of such bond.
  4.  On  the  withdrawal of all or a part of the funds deposited in any
depository and a closing or depleting of the account thereof, or in  the
event  of the deposit actually made being less than the estimated amount
of such deposit, the commissioner and the comptroller shall  certify  to
such  settlement  or depletion or difference and direct the surrender of
the whole or a proportionate share of the securities so deposited to the
owner or owners thereof.

Section 1524-A.

Section 1524-A.

  §  1524-A.  Community  investment  advisory  board. 1. There is hereby
established within  the  department  an  advisory  board  known  as  the
community  investment  advisory board, which shall perform the following
functions:
  a. Conduct a needs assessment every two  years,  the  first  of  which
shall  be  published  on  the department's website on or before March 1,
2014. In conducting such needs assessment the board shall (1) assess the
credit, financial and banking services needs throughout the City with  a
particular   emphasis   on  low  and  moderate  income  individuals  and
communities, by means including but not  limited  to  (i)  convening  at
least  one  public  hearing in each borough of the city; (ii) accepting,
reviewing and considering public comments which describe the nature  and
extent  of  such  needs;  and (iii) considering the data and information
collected by the board pursuant to subdivision 3 of  this  section;  and
(2)  establish  benchmarks,  best  practices,  and  recommendations  for
meeting the needs identified in such needs assessment, by,  among  other
things,  considering  the  data  and  information collected by the board
pursuant to subdivision 3 of this section; and
  b. Issue an annual report in plain language, the first of which  shall
be  published on the department's website and transmitted to the banking
commission on or before March 1, 2015 and each March  first  thereafter,
which  may be considered by the banking commission in reviewing a bank's
application for designation or redesignation as a deposit bank, covering
the preceding fiscal year, which (i) addresses how  each  bank  that  is
designated  as a deposit bank pursuant to section 1524 of the charter is
meeting the needs identified pursuant to paragraph a of this subdivision
and subdivision 3 of this section, including an evaluation of  how  each
bank  performed relative to the benchmarks and best practices applicable
to such  bank  as  established  by  the  board  pursuant  to  the  needs
assessment  required  pursuant  to paragraph a of this subdivision, (ii)
identifies areas of improvement from past evaluations, where applicable,
and areas where  improvement  is  necessary,  taking  into  account  the
information  collected  by  the  board pursuant to subdivision 3 of this
section, (iii) specifically identifies any  deposit  bank's  failure  to
provide  information  requested  in  writing  by  the  board pursuant to
subdivision 3 of this section that is applicable to such  deposit  bank,
(iv)  summarizes  written  comments  submitted  to the board pursuant to
subdivision 4 of this section and the role played by such comments;  and
(v)  summarizes,  in  tabular  format,  the  data collected by the board
pursuant to paragraphs a through g of subdivision 3 of this section, and
to the extent not  deemed  confidential  or  proprietary  by  the  bank,
paragraph  h, at the community district, borough, and citywide levels of
aggregation. For purposes of this section, "fiscal year" shall mean  the
period from July first to June thirtieth.
  2. The board shall consist of eight members who shall be: the mayor or
his or her designee, the comptroller or his or her designee, the speaker
of  the  council  or  his  or  her  designee,  the  commissioner  of the
department of housing preservation and development, the commissioner  of
the  department  of  finance, a member of a community-based organization
whose principal purpose is community  and/or  economic  development,  or
consumer   protection   who  shall  be  designated  by  the  speaker,  a
representative of an organization or association that  represents  small
business   owners   who  shall  be  designated  by  the  speaker  and  a
representative of the city banking industry who shall be  designated  by
the mayor. The mayor, comptroller, speaker and commissioners shall serve
for  the  duration  of  their  tenure. The three nongovernmental members
shall serve four years from the date of their  appointment,  or  through
the  issuance  of  two  needs  assessments  pursuant  to  paragraph a of

subdivision 1 of this section, whichever is longer, and be eligible  for
reappointment; provided, however, that each member shall serve until his
or  her  qualified  successor  is appointed. Any vacancy occurring other
than  by  expiration  of  term shall be filled in the same manner as the
original position was filled for the  unexpired  portion  of  the  term.
Members shall serve without compensation. The members of the board shall
be  appointed  within  sixty days of the effective date of the local law
that added this section.
  3. In performing its functions as set forth in subdivision 1  of  this
section, the board shall seek to collect and consider information at the
census  tract  level,  relating  to  the  credit,  financial and banking
services needs throughout the City and the extent to  which  such  needs
are  being met, including but not limited to, information, to the extent
applicable, regarding each deposit bank's efforts to:
  a. address the key  credit  and  financial  services  needs  of  small
businesses;
  b.  develop  and  offer  financial services and products that are most
needed by low and moderate income individuals and communities throughout
the city and provide physical branches;
  c. provide funding, including construction  and  permanent  loans  and
investments, for affordable housing and economic development projects in
low and moderate income communities;
  d.  In the case of properties acquired by foreclosure and owned by the
bank,  reasonably  address  serious  material  and  health  and   safety
deficiencies in the maintenance and condition of the property;
  e.  conduct  consumer  outreach,  settlement  conferences, and similar
actions relating to mortgage assistance and foreclosure prevention,  and
provide  information,  at  the  community  district  level to the board,
relating to mortgage and foreclosure actions, including, but not limited
to, total number of loans serviced  and/or  owned  by  the  bank,  total
number of loans that are at least sixty days delinquent, total number of
foreclosures  commenced,  total number of foreclosures prevented through
loan modification, short sales, deeds in lieu of  foreclosure  or  other
mechanisms,  total  number  of  loan  modifications  applications, total
number of loan modifications made and denied, and bank owned  properties
donated or sold at a discount;
  f. partner in the community development efforts of the city;
  g.   positively  impact  on  the  city  and  its  communities  through
activities  including,  but  not  limited  to,  philanthropic  work  and
charitable giving; and
  h.  plan  for  and articulate how the bank will respond to the credit,
financial and banking services needs of the city identified by the needs
assessment pursuant to paragraph a of subdivision 1 of this section,  as
applicable to the bank's type and size.
  In  performing  the  needs  assessment  pursuant  to  paragraph  a  of
subdivision 1 of this section, the board shall  also  consider,  to  the
extent  practicable, the information listed in paragraphs a through g of
this subdivision relating to the efforts of the city's banking  industry
as a whole.
  4.  In  preparation  for each annual report pursuant to paragraph b of
subdivision 1 of this section, the board shall publish  all  information
collected  pursuant  to  paragraphs a through g of subdivision 3 of this
section, and to the extent not deemed confidential or proprietary by the
bank, paragraph h, summarized at the community  district,  borough,  and
citywide   levels   of   aggregation,  for  each  deposit  bank  on  the
department's website no later than November first of the year  preceding
the issuance of the report. At least thirty days after such publication,
but  no  later  than  December  fifteenth, the board shall hold a public

hearing at which the public  may  testify  concerning  the  efforts  and
extent to which the deposit banks are meaningfully addressing the credit
and  financial  needs  throughout  the  city.  The board shall also take
written comments for at least thirty days preceding such public hearing.
  5.  On  or  before  March  1, 2013 and on or before March 1, 2014, the
board shall publish on the department's website, for each deposit  bank,
the  information  collected  pursuant  to  paragraphs  a  through  g  of
subdivision 3 of this section, and to the extent not deemed confidential
or proprietary by the bank, paragraph h,  summarized  at  the  community
district,  borough,  and  citywide  levels  of  aggregation.  Each  such
publication of  information  shall  specifically  identify  any  deposit
bank's  failure to provide information requested in writing by the board
pursuant to subdivision 3 of this section that  is  applicable  to  such
deposit bank.

Section 1525.

Section 1525.

  §  1525. City register. 1. There shall be within the department a city
register who shall be appointed by the mayor.
  2.   The functions,  powers  and  duties  formerly  exercised  by  the
registers  or  registrars  of the several counties shall remain with the
city register.

Section 1526

Section 1526

  § 1526 Office of city sheriff. 1. There shall be within the department
an  office of the city sheriff which shall be subject to the supervision
and control of the commissioner of finance.  Notwithstanding  any  other
provision  of  law,  the  commissioner of finance may exercise or assign
within the department such management functions of  the  office  of  the
sheriff,  including  but  not  limited to those functions related to the
appointment and removal of deputy sheriffs and other personnel  of  such
office  pursuant  to  the  civil  service  law,  as  he  or she may deem
appropriate  to  achieve  effective  and   efficient   functioning   and
management of such office.
  2.  Except  as  otherwise  provided  by  law,  the  city sheriff shall
exercise the functions, powers and  duties  formerly  exercised  by  the
sheriffs of the several counties.

Section 1527.

Section 1527.

  §  1527.  Contracts  with  collection agencies. 1. Notwithstanding any
other provisions of law to the contrary, the commissioner may enter into
contracts with collection agencies for the collection of (i) any or  all
tax  warrants  and judgments for all city taxes subject to collection by
the department, other than real property taxes, or (ii) city  water  and
sewer  charges,  or both; provided however, that any such contract shall
be subject to the provisions of sections three hundred twelve and  three
hundred thirteen.
  2.    Any  such  contract  shall  apply  only to such tax warrants and
judgments and to such water and sewer charges as  the  commissioner  may
refer  to  the collection agency, and shall be terminable at the will of
the commissioner.
  3.  The consideration to be paid to such collection agency  may  be  a
percentage  or percentages of the amount collected by such agency, or as
otherwise provided in the contract,  but  shall  be  within  the  amount
appropriated and available for such purpose.
  4.  No legal action to collect tax warrants and judgments or water and
sewer  charges  under any contract entered into pursuant to this section
shall be  initiated  without  the  express  written  permission  of  the
corporation  counsel,  and  the  selection  of any attorney to take such
legal action shall  be  subject  to  the  approval  of  the  corporation
counsel.
  5.     Before  beginning  performance  of  a  contract  authorized  by
subdivision one of this section, the contracting collection agency shall
give security for faithful performance and shall provide such  insurance
policies, including but not limited to a comprehensive general liability
insurance,  naming  the city as a party in interest, as the commissioner
may require.    The  adequacy  and  sufficiency  of  such  security  and
insurance  policies,  as  well  as the justification and acknowledgement
thereof, shall be   subject to the approval of  the  comptroller.    The
commissioner,  in his or her discretion, may require additional security
or insurance in such amounts and  running  to  such  city  officers  and
employees  as  the  commissioner  may require, to indemnify them for any
liability incurred by reason of any act or omission of  such  collection
agency.
  6.  No contract entered into pursuant to this section may be so worded
as  to grant to any contracting collection agency the exclusive right to
perform any work authorized by this section.