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Procedures for Claiming Property

RCNY tit. 38, ch. 12, subch. A
in effect

38 RCNY § 12-01 Introduction.

§ 12-01 Introduction. The Property Clerk Division has established procedures regarding the return of property when claimed by the public. The classification of the property, arrest evidence, decedent's property, found property, etc., determines the documentation the claimant must provide in order to gain possession. In all cases, in addition to the necessary documentation, proper identification of the claimant is required. This can be in the form of licenses, credit cards, passports, bankbooks and utility bills (see appendix A of this chapter). In cases where the owner of property sends another person to pick up that property, the owner must provide such person a notarized letter authorizing such person to act on the owner's behalf, to be presented to the Property Clerk Division. Listed below in this subchapter are categories and general procedures for claimants to follow, in order to obtain property in our custody. Subchapter A of this chapter contains general provisions. Subchapter B of this chapter sets forth special procedures, which are followed by the Property Clerk and the District Attorneys with respect to claims for the return of property taken or obtained in connection with an arrest. Subchapter C of this chapter sets forth special procedures that shall be followed by the Property Clerk with respect to items of jewelry recovered in the vicinity of the World Trade Center site subsequent to the terrorist attack of September 11, 2001. The claim submission procedures contained within this subchapter will be applicable until May 31, 2005.

38 RCNY § 12-02 Arrest Evidence – Crime Victim is the Owner.

§ 12-02 Arrest Evidence – Crime Victim is the Owner. Released to owner upon presentation of a court order which directs the return of specified property on a specified voucher to a specifically named individual. In other cases, upon presentation of a letter from the Property Clerk, which is sent to identifiable owners, 90 days after the termination of criminal proceedings.

38 RCNY § 12-06 Investigatory Evidence.

§ 12-06 Investigatory Evidence. Property vouchered for investigation will require the claimant to obtain a release from the investigating officer, in writing, usually on department letterhead. (Police Department Patrol Guide, procedure 113-22.)

38 RCNY § 12-07 Decedent's Property.

§ 12-07 Decedent's Property. Claimants must produce letters testamentary or of Administration, naming the executor of the estate, when a will is involved. If there is no will, the claimant must obtain a written release from the Public Administrator of the county in which the property is held. In either case, if assets exceed $30,000.00 or if a safe deposit box key is in the Property Clerk's custody, the claimant must obtain a notice of waiver issued by the New York State Tax Commission.

38 RCNY § 12-08 Safekeeping.

§ 12-08 Safekeeping. This category covers property cases removed from aided and prisoner's personal property not required as evidence. The claimant generally produces the pink copy of the voucher or, if not issued, obtains the voucher number from the Precinct in which the property was taken. If the claimant is listed as the owner on the Property Clerk's copy, the property is returned immediately. If ownership cannot be determined, the claimant is referred to the vouchering command to obtain a letter identifying the claimant as the owner (in a limited number of cases the Property Clerk can do this by telephone).

38 RCNY § 12-09 Found Property – Owner Known.

§ 12-09 Found Property – Owner Known. Returned to owners upon demand or upon presentation of a letter of notification from Stolen Property Inquiry Section or the Property Clerk, informing them that their property has been found.

38 RCNY § 12-10 Found Property – Finder.

§ 12-10 Found Property – Finder. When a person turns in property and the owner cannot be determined, it must be held by the Property Clerk for specific time periods as listed below: Property having a value of less than $100.00 – 3 months. Property having a value of $100.00 or more – less than $500.00 – 6 months. Property having a value of $500.00 or more – less than $5,000.00 – 1 year. Property having a value of $5,000.00 or more – 3 years. The Property Clerk notifies finders by mail that property is ready for release. Finder should produce pink copy of voucher and letter from Property Clerk to obtain property.

38 RCNY § 12-11 Peddlers Property – Unlicensed General Vendor and Food Vendor.

§ 12-11 Peddlers Property – Unlicensed General Vendor and Food Vendor. This property is forfeited and will not be returned unless forfeiture is waived, in writing, by the Corporation Counsel. The Corporation Counsel also specifies whether any or all storage and removal fees are waived.

38 RCNY § 12-12 Peddler's Property – Licensed General Vendor.

§ 12-12 Peddler's Property – Licensed General Vendor. Property is delivered on demand – no removal and storage fees are collected. Claimant must produce pink copy of voucher and/or be listed as the owner on Property Clerk's copy.

38 RCNY § 12-13 Peddler's Property – Licensed Food Vendor.

§ 12-13 Peddler's Property – Licensed Food Vendor. Deliver property on demand and collect appropriate removal and storage fees. Claimant must provide pink copy of voucher and/or be listed as the owner on Property Clerk's copy.

38 RCNY § 12-14 Claiming Vehicle at Whitestone Auto Pound.

§ 12-14 Claiming Vehicle at Whitestone Auto Pound. To claim a vehicle that is being stored at the Whitestone Auto Pound, the owner must appear at the auto pound with documents authorizing release, showing proof of ownership and proof that driver of vehicle is licensed.

38 RCNY § 12-15 Proof of Ownership.

§ 12-15 Proof of Ownership. Present title for all vehicles 1973 and newer. For older vehicles, registration certificate is acceptable. Additional proof of identity of owner is also required, i.e., Driver's License, Employee Identification Card, etc.

38 RCNY § 12-16 Evidence Vehicle.

§ 12-16 Evidence Vehicle. If vehicle is being held as evidence, a District Attorneys release, Court Order or Court Disposition is required in addition; If vehicle is not currently registered and/or insured this vehicle will not be driven from the pound. It must be towed by either a tow truck or tow chain by another properly registered vehicle. If vehicle is allowed to be driven from the pound a current driver's license must be produced by the person removing the vehicle.

38 RCNY § 12-17 Owner's Representative Claiming Vehicle.

§ 12-17 Owner's Representative Claiming Vehicle. Whenever a vehicle owner sends a representative to claim his vehicle, a notarized letter of authorization must be presented in addition to all other documents that the owner is required to present. Any towing and storage charge accrued to this vehicle must be paid in U.S. currency or certified check before vehicle will be released.

38 RCNY § 12-18 Vehicles Being Claimed by Insurance Company.

§ 12-18 Vehicles Being Claimed by Insurance Company. (a) Insurance company representative present at pound need only to present identification and a notarized "Receipt for Release of Vehicle" (referred to as a 167E letter). Payment of accrued towing and storage charges, if any, is also required. (b) Tow operators present to remove vehicle after Insurance company representative was present and signed for vehicle must have a notarized "167E letter" in name of towing company and identification for themselves. (c) Tow operator is present and has notarized "167E letter" authorizing him as company representative, can identify self, pay any accrued charges and remove vehicle.

38 RCNY § 12-19 Vehicles Being Claimed by Lienholder.

§ 12-19 Vehicles Being Claimed by Lienholder. Lienholders must present a copy of sales agreement which was signed by owner and a notarized statement on company letterhead stating said person is in arrears in payment. All other regulations pertaining to payment of towing and storage charges, proof of identity, District Attorney's release, Court Disposition, Court Orders and the driving or towing of vehicles from the pound are applicable for all vehicles being released.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-77928Fetched: 10/24/2026

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