Property Not Subject to Forfeiture but Subject to More Than One Claim.
38 RCNY § 12-37
in effect§ 12-37 Property Not Subject to Forfeiture but Subject to More Than One Claim.
When property is not subject to forfeiture under 38 RCNY § 12-36, but is, or may be, subject to more than one claim, the police property clerk shall take the following action:
(a) Where the person from whom the property was taken makes a timely demand to the police property clerk for the return of the property, the property clerk shall return the property to the claimant unless an additional claim is made in writing or in person within 25 days of the claimant's demand, in which case the property clerk shall within five days of the date of the additional claim provide each interested person (including the original claimant) with the name and address of all such interested persons, and shall retain the property pending a disposition of the matter between the persons who claim it. If within 30 days thereafter no settlement is reached between the persons who claim it, and the police property clerk has received no court order regarding the property or any notice of any action pending between the persons who claim it regarding the property, the police property clerk shall release the property to the claimant from whom the property was taken.
(b) When acting as a stakeholder pursuant to the provisions of this section, the police property clerk will not be liable for costs, interest or damages arising out of the continued detention of such property or money. Nothing contained in this subchapter shall be deemed to either require or prohibit the police property clerk from initiating a stakeholder proceeding in accordance with the civil practice law and rules.
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/0-0-0-78020Fetched: 10/24/2026