STATE OF NEW YORK
________________________________________________________________________
5665
2017-2018 Regular Sessions
IN ASSEMBLY
February 14, 2017
___________
Introduced by M. of A. CURRAN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property law, in relation to Superstorm Sandy
real property foreclosure relief
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 283 to read as follows:
3 § 283. Superstorm Sandy real property foreclosure relief. 1. (a)
4 Notwithstanding any provision of general, special or local law to the
5 contrary, an eligible real property owner of affected real property
6 damaged as a result of Superstorm Sandy may, upon commencement of a
7 mortgage foreclosure action pursuant to article thirteen of the real
8 property actions and proceedings law, make application to the court
9 having jurisdiction over the action for a temporary stay in the
10 proceedings.
11 (b) A court receiving an application for a stay of mortgage foreclo-
12 sure proceedings pursuant to this section may, in its discretion, grant
13 such a stay not exceeding thirty-six months following a determination
14 that an applicant is an eligible real property owner entitled to such a
15 stay as defined in this section.
16 2. (a) An eligible real property owner shall remain responsible for
17 all property taxes and fees incurred or due during a court ordered stay
18 of foreclosure proceedings pursuant to this section.
19 (b) An eligible real property owner shall maintain such affected real
20 property during a court ordered stay of foreclosure proceedings pursuant
21 to this section.
22 3. (a) A stay of foreclosure proceedings awarded to an eligible real
23 property owner pursuant to this section shall cease upon reinstatement
24 of the foreclosed affected real property, a settlement of the debt
25 between the eligible property owner and lender, or upon a determination
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09853-01-7
A. 5665 2
1 made by the court that the eligible real property owner has abandoned
2 the affected real property prior to reinstatement or a settlement being
3 reached.
4 (b) Nothing in this subdivision shall be construed so as to prohibit
5 the lawful transfer of real property prior to a judgment of sale.
6 4. Definitions. As used in this section:
7 (a) "Eligible real property owner" shall mean an individual who owned
8 an affected property on October twenty-ninth through thirtieth, two
9 thousand twelve and is eligible for assistance through the NY Rising
10 Housing Recovery Program.
11 (b) "Affected real property" shall mean any tax lot located in a coun-
12 ty included in FEMA disaster declaration DR-4085 following Superstorm
13 Sandy and which contained residential real property.
14 (c) "Stay" shall mean the court suspends proceedings for a period of
15 time necessary for an eligible real property to reinstate the affected
16 property or reach a settlement with a lender relating to the debt owed
17 on the affected property. In no circumstances shall that period of time
18 exceed thirty-six months.
19 (d) "NY Rising Housing Recovery Program" shall mean the program oper-
20 ated by the Governor's Office of Storm Recovery (GOSR) to facilitate
21 home rehabilitation and recovery for those impacted by certain natural
22 disasters.
23 § 2. This act shall take effect immediately.