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S01726 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community  Development  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  prohibiting  the  use  of  plywood, wood composite, wood
          veneer or similar wood-based products to secure real 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.  (a) 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)]  i.  in  cases where the property contains two or more points of
    10  ingress or egress, replace no more than one door lock to provide  subse-
    11  quent access to the property;
    12    [(b)] ii. secure, replace or board up broken doors and windows;
    13    [(c)]  iii.  secure  any  part  of  the property that may be deemed an
    14  attractive nuisance including, but not limited to, a water feature  that
    15  could   create   a   drowning   risk,  refrigerator  or  freezer  units,
    16  outbuildings, wells or septic tanks;
    17    [(d)] iv. take  reasonable  measures  to  ensure  that  pipes,  ducts,
    18  conductors,  fans  and  blowers  do  not discharge harmful gases, steam,
    19  vapor, hot air, grease, smoke, odors or  other  gaseous  or  particulate
    20  waste  directly  upon abutting or adjacent public or private property or
    21  that of another tenant;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1726--A                          2
     1    [(e)] v. where appropriate,  winterize  the  applicable  plumbing  and
     2  heating systems;
     3    [(f)]  vi.  provide  basic  utilities  including,  but not limited to,
     4  water, electricity, natural gas, propane and sewer service, as appropri-
     5  ate and when allowed by the local utility provider, that are needed  for
     6  the  operation of a sump pump or dehumidifier, or when there are jointly
     7  owned or shared utilities with adjoining properties or units, except for
     8  turning off water service to prevent flooding  or  water  leaks  in  the
     9  property, or when other utility service could reasonably create a hazard
    10  to the property or an unauthorized occupant or person entering the prop-
    11  erty;
    12    [(g)]  vii.  remove  and  remediate  any significant health and safety
    13  issues, including outstanding code violations;
    14    [(h)] viii. take reasonable measures to prevent the growth of  harmful
    15  mold;
    16    [(i)]  ix.  respond  to government inquiries regarding property condi-
    17  tion, subject to restrictions regarding financial privacy; and
    18    [(j)] x. ensure that the notice required to be posted  in  subdivision
    19  three of this section remains posted on an easily accessible part of the
    20  property  that  would  be  reasonably  visible to the borrower, property
    21  owner or occupant so long as the duty to maintain applies.
    22    (b) No person, municipality or governmental entity shall use  plywood,
    23  wood  composite,  wood  veneer, or similar wood-based products to secure
    24  any real property that is deemed  vacant  and  abandoned  based  on  the
    25  criteria set forth in subdivision two of this section.
    26    §  2. Paragraph (a) of subdivision 8 of section 1308 of the real prop-
    27  erty actions and proceedings law, as added by section 1  of  part  Q  of
    28  chapter 73 of the laws of 2016, is amended to read as follows:
    29    (a) [Violations] Except for violations of paragraph (b) of subdivision
    30  four  of  this section, violations of this section may be heard before a
    31  hearing officer or a court of competent jurisdiction. If it shall appear
    32  to the satisfaction of the hearing officer or the court,  based  on  the
    33  preponderance  of the evidence, that the mortgagee or agent of a mortga-
    34  gee has violated this section, a civil penalty  may  be  issued  by  the
    35  hearing officer or the court in the amount of up to five hundred dollars
    36  per day per property for each day the violation persisted.
    37    §  3.  This  act shall take effect on the ninetieth day after it shall
    38  have become a law.
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