In order to comply with the requirements of law, ensure the protection of the Due Process and Property rights of all persons having an interest in any leased vehicle seized by the County of Suffolk or the Suffolk County Police Department, and in order to protect the public health, safety and welfare, the County of Suffolk (“County”) hereby establishes the following procedures governing the release of leased vehicles, post-seizure.
- Upon seizing or taking possession of any motor vehicle the County shall, within five (5) business days of the time it takes possession of the vehicle, provide written notice by certified mail, return receipt requested and addressed to the last known address to both the Lessor and Lessee of any leased vehicle, that a hearing (the “Krimstock Hearing”) will be held to determine (i) whether the vehicle should be retained in order to permit the County to commence an action for forfeiture of the said vehicle and, (ii) whether the retention of the vehicle prior to the commencement of the forfeiture action is required in order to preserve the collateral.
- If the Lessee appears at the Krimstock Hearing, the County may release the vehicle to the Lessee subject to receipt of all charges incurred by the County relating to towing, storage and the imposition of such other reasonable conditions including the installation of an ignition interlock device necessary to preserve the collateral.
- If the vehicle is not returned to the Lessee, Suffolk will release the vehicle to the Lessor provided that the Lessor produces at or before the Krimstock hearing, a copy of the leasing agreement establishing their right to possession of the seized vehicle together with a copy of the certificate of title for said vehicle.
- Where the seized vehicle is released to the Lessor, Suffolk will not assess any fees for towing or storage of vehicle against the Lessor, unless Lessor fails to recover the vehicle from the County within thirty (30) days of the conclusion of the Krimstock hearing; after which date, Suffolk may require the payment of daily storage rate charges as a condition of the release of the vehicle to the Lessor.