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S01334 Summary:

S01334 Actions:

S01334 Committee Votes:

S01334 Floor Votes:

S01334 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1334
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 11, 2023
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation to notice of certain proceedings to convey title to abandoned
          commercial  and  industrial real property to a city, town, or village;
          and to repeal certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (b) of subdivision 1 of section 1981 of the real
     2  property actions and proceedings law, as added by a chapter of the  laws
     3  of  2022 amending the real property actions and proceedings law relating
     4  to authorizing special proceedings to convey title to abandoned  commer-
     5  cial  and  industrial  real  property  to  a  city, town, or village, as
     6  proposed in legislative bills numbers S. 9470 and A.  5337-A, is amended
     7  to read as follows:
     8    (b) In the case of a vacant commercial or industrial real property, it
     9  is not sealed or continuously guarded as  required  by  law  or  it  was
    10  sealed  or  is  continuously guarded by a person other than the owner, a
    11  mortgagee, lienor or agent thereof, and either of  the  following  facts
    12  exists:
    13    (i)  A  vacate  order  of  the department or other governmental agency
    14  currently prohibits occupancy of the commercial or industrial real prop-
    15  erty; or
    16    (ii) The tax on such premises has been due and unpaid for a period  of
    17  at least one year; or
    18    (iii)  The property has had a zoning, building or property maintenance
    19  code violation [which] that has the potential to injure or endanger  the
    20  health and safety of others or to unreasonably annoy others and that has
    21  been  continuously  outstanding  and  not  remediated for a period of at
    22  least one year from the date the original order  to correct or notice of
    23  violation was served upon the property  owner  pursuant  to  subdivision

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04014-01-3
        S. 1334                             2
 
     1  four  of section three hundred eight of the civil practice law and rules
     2  if the owner is a natural person, or pursuant to section  three  hundred
     3  ten, three hundred ten-a, three hundred eleven or three hundred eleven-a
     4  of  the  civil  practice  law  and  rules if the owner is a partnership,
     5  limited partnership, corporation or limited liability  company,  respec-
     6  tively; or
     7    §  2.  Subdivisions  2,  3  and 4 of section 1982 of the real property
     8  actions and proceedings law, as added by a chapter of the laws  of  2022
     9  amending  the  real  property  actions  and  proceedings law relating to
    10  authorizing special proceedings to convey title to abandoned  commercial
    11  and industrial real property to a city, town, or village, as proposed in
    12  legislative  bills numbers S. 9470 and A. 5337-A, are amended to read as
    13  follows:
    14    2. The department shall serve upon the  owner  of  the  commercial  or
    15  industrial  real property, a copy of the certification. Service shall be
    16  made personally or by posting in a conspicuous place upon the commercial
    17  or industrial real property and mailing a copy by [registered or] certi-
    18  fied mail to the last known owner at such owner's  last  known  address.
    19  The  copy  of the certification shall be accompanied by a notice stating
    20  that proceedings pursuant to this article may be instituted  unless  the
    21  owner  notifies the department that the property has not been abandoned.
    22  Such notification shall be made by a showing that  the  conditions  upon
    23  which  the findings in such certification are based do not exist or have
    24  been corrected. Such showing shall be made not later  than  thirty  days
    25  after the date of such notice.
    26    3.  Within  five days of the service of notice on the owner, a copy of
    27  the certification shall be served on each mortgagee, lienor  and  lessee
    28  of  record,  personally  or  by [registered] certified mail or overnight
    29  courier to the address set forth in the recorded instrument  or,  if  no
    30  address  appears  therein, to the person at whose request the instrument
    31  was recorded. Such copy shall, in the case of a mortgagee or lienor,  be
    32  accompanied by a notice that proceedings pursuant to this article may be
    33  instituted  unless  the mortgagee or lienor, within [fifteen] forty-five
    34  days of receipt of such mailing, either commences proceedings  to  fore-
    35  close  the mortgage or lien or enters into an agreement with the depart-
    36  ment  to  bring  the  building  into  compliance  with  the   applicable
    37  provisions of law.
    38    4. If the name or address of
    39    (a) the last owner of record, or
    40    (b)  any  owner,  mortgagee,  lienor,  or claimant as shown on records
    41  maintained by any city official required by any local  law  to  maintain
    42  records  of persons entitled to notice or process in connection with the
    43  maintenance of in rem foreclosure actions, or
    44    (c) the person listed as the owner  of  the  property  on  the  latest
    45  completed  assessment roll, is different from that referred to in subdi-
    46  visions two and three of this section, a  copy  of  the  notice  to  the
    47  owner,  or to a mortgagee or lienor, whichever is applicable, shall also
    48  be sent to such person at such address by [registered] certified mail or
    49  overnight courier.
    50    § 3. Section 1982-a of the real property actions and proceedings  law,
    51  as  added  by  a  chapter of the laws of 2022 amending the real property
    52  actions and proceedings law relating to authorizing special  proceedings
    53  to  convey title to abandoned commercial and industrial real property to
    54  a city, town, or village, as proposed in legislative  bills  numbers  S.
    55  9470 and A. 5337-A, is REPEALED.
        S. 1334                             3
 
     1    § 4. Subdivisions 4 and 5 of section 1984 of the real property actions
     2  and  proceedings law, as added by a chapter of the laws of 2022 amending
     3  the real property actions and proceedings law  relating  to  authorizing
     4  special  proceedings  to convey title to abandoned commercial and indus-
     5  trial real property to a city, town, or village, as proposed in legisla-
     6  tive  bills  numbers  S.  9470  and  A.  5337-A,  are amended to read as
     7  follows:
     8    4. The provisions of section three  hundred  seventeen  of  the  civil
     9  practice law and rules shall not apply to a proceeding instituted pursu-
    10  ant  to  this  article.  A motion or action to set aside a judgment in a
    11  proceeding instituted pursuant to this article  on  the  grounds  either
    12  that  there  was a failure to comply with the provisions of this article
    13  as to notice or that a defect in the proceeding prejudiced a substantial
    14  right of a party may be instituted within [ninety]  one  hundred  twenty
    15  days  after  the deed vesting title in a city has been recorded, but not
    16  thereafter.
    17    5. The right, title and interest of a purchaser or incumbrancer  of  a
    18  property  as  to  which a deed vesting title in a city, town, or village
    19  has been recorded pursuant to a judgment obtained through  this  article
    20  shall  not be affected or impaired by a motion or action instituted more
    21  than [ninety] one hundred twenty days after such deed vesting title in a
    22  city, town, or village has been recorded.
    23    § 5. This act shall take effect on the  same  date  and  in  the  same
    24  manner  as  a  chapter  of  the  laws of 2022 amending the real property
    25  actions and proceedings law relating to authorizing special  proceedings
    26  to  convey title to abandoned commercial and industrial real property to
    27  a city, town, or village, as proposed in legislative  bills  numbers  S.
    28  9470  and A. 5337-A, takes effect; provided that the amendments to arti-
    29  cle 19-B of the real property actions and proceedings law made  by  this
    30  act shall not affect the expiration of such article and shall expire and
    31  be deemed repealed therewith.