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S07792 Summary:

S07792 Actions:

S07792 Committee Votes:

S07792 Floor Votes:

S07792 Text:

 
                STATE 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.
                                                                   LBD08533-04-2
        S. 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.