S07792 Summary:
| BILL NO | S07792 |
| SAME AS | SAME AS A08849 |
| SPONSOR | PARKER |
| COSPNSR | |
| MLTSPNSR | |
| Amd 1307, RPAP L | |
| Defines vacant and abandoned residential property in relation to mortgage foreclosure actions; establishes plaintiffs in such matters shall maintain the subject property. | |
S07792 Actions:
| BILL NO | S07792 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/11/2022 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/24/2022 | ORDERED TO THIRD READING CAL.286 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/31/2022 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/31/2022 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/31/2022 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
| 02/14/2022 | substituted for a8849 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 02/14/2022 | ordered to third reading cal.407 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/07/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/07/2022 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/18/2022 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/18/2022 | SIGNED CHAP.160 | |||||||||||||||||||||||||||||||||||||||||||||||||
S07792 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 7792 IN SENATE January 11, 2022 ___________ Introduced by Sen. PARKER -- 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 requiring a plaintiff in a mortgage foreclosure action to maintain the subject property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 1307 of the real property actions 2 and proceedings law is amended by adding four new paragraphs (a), (b), 3 (c), and (d) to read as follows: 4 (a) A residential property is deemed vacant for the purposes of this 5 section if the residential property meets the definition of a "vacant 6 and abandoned residential property" under section thirteen hundred nine 7 of this article or there is an order or finding by a court of competent 8 jurisdiction or by the municipality in which the residential property is 9 located that the property is vacant; 10 (b) A residential property is deemed abandoned by the mortgagor if: 11 (i) All owners of the residential property have indicated in writing 12 that they have abandoned all rights of possession to the residential 13 property; 14 (ii) There is an order or finding by a court of competent jurisdiction 15 or by the municipality in which the residential property is located, 16 either on the initiative of the court or municipality or in response to 17 a complaint filed with the court or municipality by a tenant in lawful 18 occupancy, that the property was abandoned by the mortgagor; or 19 (iii) The plaintiff receives a complaint from a tenant in lawful occu- 20 pancy of the residential property indicating that the owner of the resi- 21 dential property has ceased maintaining the property and: 22 (1) The plaintiff posts a notice on the residential property that 23 would be reasonably visible to the owner of the property indicating that 24 the property is deemed abandoned and the owner must contact the plain- 25 tiff at a number listed on the notice if the owner still occupies or 26 claims the right to occupy the property; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08533-04-2S. 7792 2 1 (2) The plaintiff has received no communication within one week of 2 posting the notice of the owner's intention to occupy the property. 3 (c) Such plaintiff shall have the right to peaceably enter upon such 4 property, or to cause others to peaceably enter upon the property for 5 the limited purpose of inspections, repairs and maintenance as required 6 by this section, or as otherwise ordered by court; provided, however, 7 that if the property is occupied by a tenant, at least seven days notice 8 must be given to such tenant, unless emergency repairs are required in 9 which case reasonable notice shall be provided to the tenant. 10 (d) Any plaintiff that enters a residential property without a good 11 faith basis for believing that the property is vacant or abandoned and 12 who does not comply with the requirements of paragraph (b) of this 13 subdivision shall be subject to a penalty of five hundred dollars that 14 may be sought by the owner of the residential property or any tenant in 15 lawful possession of such property. This penalty may be recovered by a 16 property owner or tenant in lawful occupancy of such property either 17 within the foreclosure action pending against the subject residential 18 real property or in a separate action commenced to collect the penalty. 19 § 2. This act shall take effect on the same date and in the same 20 manner as a chapter of the laws of 2021 amending the real property 21 actions and proceedings law relating to requiring a plaintiff in a mort- 22 gage foreclosure action to maintain the subject property, as proposed in 23 legislative bills numbers S. 1579-A and A. 5923-A, takes effect.