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SB5800 Summary:

Amd 1308, RPAP L
Requires a servicer in a mortgage foreclosure action of residential real property to pay homeowners' association or cooperative fees as needed to maintain the property.
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SB5800 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                       May 1, 2017
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed  to be committed to the Committee on Housing, Construction and
          Community Development
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to inspecting, securing and maintaining vacant and abandoned
          residential property

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 4 of section 1308 of the real property actions
     2  and proceedings law, as added by section 1 of part Q of  chapter  73  of
     3  the laws of 2016, is amended to read as follows:
     4    4.  If  the  posted  notice  is not responded to or persists for seven
     5  consecutive calendar days without contact with  the  borrower,  property
     6  owner  or  occupant  indicating that the property is not vacant or aban-
     7  doned, or if  an  emergent  property  condition  that  could  reasonably
     8  damage, destroy or harm the property arises, the servicer shall:
     9    (a) in cases where the property contains two or more points of ingress
    10  or  egress,  replace  no  more  than one door lock to provide subsequent
    11  access to the property;
    12    (b) secure, replace or board up broken doors and windows;
    13    (c) secure any part of the property that may be deemed  an  attractive
    14  nuisance  including,  but  not  limited  to,  a water feature that could
    15  create a drowning risk, refrigerator  or  freezer  units,  outbuildings,
    16  wells or septic tanks;
    17    (d)  take reasonable measures to ensure that pipes, ducts, conductors,
    18  fans and blowers do not discharge harmful gases, steam, vapor, hot  air,
    19  grease, smoke, odors or other gaseous or particulate waste directly upon
    20  abutting  or  adjacent  public  or  private  property or that of another
    21  tenant;
    22    (e) where appropriate, winterize the applicable plumbing  and  heating
    23  systems;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5800                             2
     1    (f)  provide  basic  utilities  including,  but not limited to, water,
     2  electricity, natural gas, propane and sewer service, as appropriate  and
     3  when  allowed  by  the  local  utility provider, that are needed for the
     4  operation of a sump pump or dehumidifier,  or  when  there  are  jointly
     5  owned or shared utilities with adjoining properties or units, except for
     6  turning  off  water  service  to  prevent flooding or water leaks in the
     7  property, or when other utility service could reasonably create a hazard
     8  to the property or an unauthorized occupant or person entering the prop-
     9  erty;
    10    (g) remove and remediate any significant  health  and  safety  issues,
    11  including outstanding code violations;
    12    (h) take reasonable measures to prevent the growth of harmful mold;
    13    (i)  respond  to  government  inquiries  regarding property condition,
    14  subject to restrictions regarding financial privacy; [and]
    15    (j) ensure that the notice required to be posted in subdivision  three
    16  of this section remains posted on an easily accessible part of the prop-
    17  erty that would be reasonably visible to the borrower, property owner or
    18  occupant so long as the duty to maintain applies; and
    19    (k) pay homeowners' association or cooperative fees as needed to main-
    20  tain the property.
    21    § 2. This act shall take effect immediately.
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