Section 19-529.3. Forfeiture of commuter vans

a.  In  addition  to the
  penalties,  sanctions  and  remedies  provided  in   this   chapter   or
  subdivisions  six  and  seven  of  section one hundred forty-five of the
  transportation law, a vehicle seized pursuant  to  section  19-529.2  of
  this  chapter,  and  all  rights,  title  and interest therein, shall be
  subject to forfeiture to the city in accordance with the  provisions  of
  this  section  upon judicial determination thereof, if the owner of such
  vehicle has been found liable at least two times in an administrative or
  court proceeding for operating a  commuter  van  or  other  such  common
  carrier  by or on behalf of a person who is not the holder of a current,
  valid authorization or operating a commuter van without a  commuter  van
  license  as  required  by  this  chapter,  both of which violations were
  committed within a five-year period.
    b. A forfeiture action which is commenced  pursuant  to  this  section
  shall  be  commenced by filing of a summons with notice or a summons and
  complaint pursuant to the New York civil practice  law  and  rules,  and
  such  summons  with  notice  or  summons  and  complaint shall be served
  pursuant to subdivision c of  this  section.  A  vehicle  which  is  the
  subject  of  such  an  action  shall  remain  in the custody of the city
  pending the final determination of the forfeiture action.
    c. Service of a summons with notice or a summons and  complaint  shall
  be made:
    (1)  by  personal  service pursuant to the New York civil practice law
  and rules  upon  all  owners  of  the  vehicle  listed  in  the  records
  maintained  by  the  New York state department of motor vehicles, or for
  vehicles not registered in New York state, in the records maintained  by
  the state of registration;
    (2)  by  first  class  mail upon all individuals who have notified the
  commission or an administrative tribunal thereof that they are an  owner
  of the vehicle; and
    (3)  by  first class mail upon all persons holding a security interest
  in such vehicle which security interest has been filed with the New York
  state department of motor vehicles pursuant to the provisions  of  title
  ten  of  the  New York state vehicle and traffic law, at the address set
  forth in the records of the New York state department of motor vehicles,
  or, for vehicles not registered in New York state, all persons holding a
  security interest in such vehicle which security interest has been filed
  with such state of registration at the address provided by such state of
  registration.
    d. Any owner who receives notice of the institution  of  a  forfeiture
  action who claims an interest in the vehicle subject to forfeiture shall
  assert  a  claim  for the recovery of the vehicle or satisfaction of the
  owner's interest in such vehicle by intervening in the forfeiture action
  in accordance with the New York civil practice law and rules. Any person
  with a security interest in such vehicle  who  receives  notice  of  the
  institution  of  the  forfeiture  action  who claims an interest in such
  vehicle subject to forfeiture shall assert a claim for  satisfaction  of
  such  person's  security  interest in such vehicle by intervening in the
  forfeiture action in accordance with the New York civil practice law and
  rules.
    e. No vehicle shall be forfeited pursuant  to  this  section,  to  the
  extent  of  the  interest  of  a  person  who  claims an interest in the
  vehicle, if such person shall plead and prove as an affirmative  defense
  that:
    (1)  the use of the vehicle for the conduct that was the basis for the
  seizure occurred without the knowledge  of  such  person,  or,  if  such
  person  had  knowledge  of such use, without the consent of such person,

  and that such person did not  knowingly  obtain  such  interest  in  the
  vehicle in order to avoid the forfeiture of such vehicle; or
    (2)  the  conduct  that was the basis for the seizure was committed by
  any person other than such person claiming an interest in  the  vehicle,
  while  such  vehicle  was  unlawfully  in the possession of a person who
  acquired possession thereof in violation of the  criminal  laws  of  the
  United States or any state.
    f.  For  purposes  of  subdivision  e  of this section, if such person
  claiming an interest in the vehicle had knowledge  of  the  use  of  the
  vehicle for the conduct that was the basis for such seizure, such person
  shall  be  deemed  to have consented to the unlawful conduct unless such
  person establishes that he or she did all  that  could  reasonably  have
  been done to prevent the use of the vehicle for such unlawful conduct.
    g. The city, after judicial determination of forfeiture, shall, at its
  discretion, either:
    (1) retain such vehicle for the official use of the city; or
    (2)  by  public  notice  of  at least twenty days, sell such forfeited
  vehicle at public sale. The net proceeds of any such sale shall be  paid
  into the general fund of the city.
    h.  At  any  time  within  six months after the forfeiture, any person
  claiming an interest in a vehicle which has been forfeited  pursuant  to
  this  section  who  was  not  sent  notice  of  the  commencement of the
  forfeiture action pursuant to subdivision b or c of this section or  who
  did  not  otherwise  receive  actual notice of the forfeiture action may
  assert, in an action commenced before the justice of the  supreme  court
  before  whom  the  forfeiture  action was held, such claim as could have
  been asserted in such forfeiture action pursuant to  this  section.  The
  court  may  grant the relief sought upon such terms and conditions as it
  deems reasonable and just if such person claiming  an  interest  in  the
  vehicle  establishes  that  he  or  she  was  not  sent  notice  of  the
  commencement of the forfeiture action and was without  actual  knowledge
  of  the  forfeiture  action  and  establishes  either of the affirmative
  defenses set forth in subdivision e of this section.
    i. In any action commenced pursuant to subdivision  b  or  h  of  this
  section, where the court awards a sum of money to one or more persons in
  satisfaction  of  such person's or persons' interest or interests in the
  forfeited vehicle, the total amount awarded to satisfy such interest  or
  interests shall not exceed the amount of the net proceeds of the sale of
  the  forfeited  vehicle, after deduction of the lawful expenses incurred
  by the city, including the reasonable costs of removal  and  storage  of
  the vehicle between the time of seizure and the date of sale.