Includes zoning, building, and property maintenance code violations for greater than one year as to what constitutes abandonment of property for purposes of the real property actions and proceedings law.
STATE OF NEW YORK
________________________________________________________________________
11000
IN ASSEMBLY
May 29, 2018
___________
Introduced by M. of A. MORELLE, BRONSON -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to what constitutes abandonment of property for purposes of
article 19-A of such law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1971 of the real property actions
2 and proceedings law, as amended by chapter 529 of the laws of 2008, is
3 amended to read as follows:
4 1. The department may make a finding that a dwelling is abandoned if:
5 (a) (1) In the case of an occupied dwelling, the owner has failed for
6 a period of at least three consecutive months either to collect rent or
7 to institute summary proceedings for nonpayment of rent, and the depart-
8 ment finds that the dwelling has become a danger to life, health or
9 safety as a result of the owner's failure to assume [his] responsibility
10 for its condition. Such failure may be shown by such facts as an owner's
11 failure to provide services including, but not limited to[,]:
12 (i) the failure to make repairs[,];
13 (ii) supply janitorial service[,];
14 (iii) purchase fuel or other needed supplies[, or];
15 (iv) pay utility bills; or
16 (v) the owner's failure to satisfy a notice by the department or other
17 government agency to remedy a violation of a local zoning ordinance,
18 local zoning law, building code, sanitation code, housing code, property
19 maintenance code, or any other provision of law relating to life,
20 health, or safety for more than one year.
21 (2) The appointment of an administrator pursuant to article seven-A of
22 this chapter shall not prevent the department from making a finding that
23 a dwelling is abandoned; or
24 (b) In the case of a vacant dwelling[, it]:
25 (1) The department finds that the dwelling has become a danger to
26 life, health or safety as a result of the owner's failure to assume
27 responsibility for its condition. Such failure may be shown by such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15019-02-8
A. 11000 2
1 facts as an owner's failure to provide services including, but not
2 limited to:
3 (i) making repairs;
4 (ii) supply janitorial service;
5 (iii) purchase fuel or other needed supplies;
6 (iv) pay utility bills; or
7 (v) satisfying a notice by the department or other government agency
8 to remedy a violation of a local zoning ordinance, local zoning law,
9 building code, sanitation code, housing code, property maintenance code,
10 or any other provision of law relating to life, health, or safety for
11 more than one year; or
12 (2) Such dwelling is not sealed or continuously guarded as required by
13 law or it was sealed or is continuously guarded by a person other than
14 the owner, a mortgagee, lienor or agent thereof, and either of the
15 following facts exists:
16 (i) A vacate order of the department or other governmental agency
17 currently prohibits occupancy of the dwelling; or
18 (ii) The tax on such premises has been due and unpaid for a period of
19 at least one year; or
20 (c) In the case of a building for which an administrator has been
21 appointed pursuant to article seven-A of this chapter[.]:
22 [(i)] (1) no motion for the termination of the judgment entered pursu-
23 ant to article seven-A of this chapter has been granted by the appoint-
24 ing court;
25 [(ii)] (2) no mortgagee or lienor has commenced foreclosure
26 proceedings; and
27 [(iii)] (3) at least six months have passed since the granting of a
28 judgment appointing an administrator pursuant to article seven-A of this
29 chapter.
30 § 2. This act shall take effect immediately.
