S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2564

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to abandoned dwellings in any city with a population  of  one
  million or more

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The article heading of article 19-a of  the  real  property
actions  and  proceedings  law, as amended by chapter 573 of the laws of
1982, is amended to read as follows:
                  SPECIAL [PROCEEDING TO CONVEY TITLE TO]
                          PROCEEDINGS REGARDING
         ABANDONED [DWELLING TO CITY, TOWN OR VILLAGE] DWELLINGS
  S 2. Section 1970 of the real property actions and proceedings law, as
amended by chapter 593 of the laws  of  1983,  is  amended  to  read  as
follows:
  S  1970.  Applicability.  The  department or agency of a city, town or
village, responsible for the enforcement of the multiple  dwelling  law,
the  multiple residence law, or any other law, code or ordinance govern-
ing the occupancy and maintenance of residential  property  (hereinafter
in  this  article  referred  to  as  "the  department")  may institute a
proceeding in accordance with the provisions of this article for a judg-
ment vesting in the city, town or village title to a dwelling which  has
been  abandoned by the owner. [This article shall not apply to a one-fa-
mily or two-family dwelling occupied by the owner thereof.]
  S 3. Subdivision 2 of section 1971 of the real  property  actions  and
proceedings  law,  as  amended  by  chapter  496 of the laws of 1983, is
amended to read as follows:
  2. When the department finds that a dwelling is abandoned  within  the
meaning  of  this  article,  it  shall make and file among its records a
certification containing such finding and  the  facts  on  which  it  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01023-01-3
              

A. 2564                             2

based.  Further,  it shall immediately affix to the dwelling in a promi-
nent and conspicuous location, a notice that the building has been found
to be an abandoned building and that it is a crime to  take,  remove  or
otherwise  damage  any  fixture  or  part  of  the  building  structure.
FURTHER, IT SHALL IMMEDIATELY MAIL A COPY OF THE CERTIFICATION WITH SUCH
FACTS AND FINDINGS BY REGISTERED OR CERTIFIED MAIL  TO  THE  LAST  KNOWN
OWNER AT SUCH OWNER'S LAST KNOWN ADDRESS.
  S 4. Subdivisions 1 and 2 of section 1972 of the real property actions
and  proceedings law, as amended by chapter 573 of the laws of 1982, are
amended and a new subdivision 5 is added to read as follows:
  1. If the department proposes to  institute  proceedings  pursuant  to
this  article,  it  [may]  SHALL  file a copy of the certification and a
notice of intention to commence such proceedings in the  office  of  the
clerk  of the county in which the dwelling is located. Such notice shall
contain the names of all persons required to be served pursuant to  this
section  and shall otherwise meet the requirements of subdivision (b) of
[section] RULE six thousand five hundred eleven of  the  civil  practice
law  and  rules.  The notice shall be indexed by the clerk in the manner
prescribed by subdivision (c) of [section] RULE sixty-five hundred elev-
en of the civil practice law and rules  for  a  notice  of  pendency  of
action  and  shall  have the same effect as such notice. It shall expire
one year after filing, if no proceeding pursuant  to  this  article  has
been  commenced.  Except  as  otherwise  provided  herein,  all  of  the
provisions of article sixty-five of the civil  practice  law  and  rules
shall be applicable to the notice filed pursuant to this article.
  2.  The  department shall serve upon the owner of the dwelling, a copy
of the certification. Service shall be made personally or by posting  in
a  conspicuous  place upon the dwelling and mailing a copy by registered
or certified mail to the last known owner at  such  owner's  last  known
address.  In the case of a dwelling subject to the provisions of section
three hundred twenty-five of the multiple dwelling law, such mailing may
be made to the last registered owner at his last registered address. The
copy of the certification shall be accompanied by a notice stating  that
proceedings  pursuant  to  this [title] ARTICLE may be instituted unless
the owner notifies the department that the property has not  been  aban-
doned.  Such notification shall be made by a showing that the conditions
upon which the findings in such certification are based do not exist  or
have  been  corrected.  Such showing shall be made not later than thirty
days after the date of such notice.
  5. THIS SECTION SHALL NOT APPLY IN ANY CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
  S 5. Section 1973 of the real property actions and proceedings law  is
amended by adding a new subdivision 6 to read as follows:
  6. THIS SECTION SHALL NOT APPLY IN ANY CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
  S  6. Section 1974 of the real property actions and proceedings law is
amended by adding a new subdivision 6 to read as follows:
  6. THIS SECTION SHALL NOT APPLY IN ANY CITY HAVING A POPULATION OF ONE
MILLION OR MORE.
  S 7. The real property actions  and  proceedings  law  is  amended  by
adding a new section 1975 to read as follows:
  S  1975. SPECIAL PROCEEDING FOR ABANDONED DWELLINGS IN ANY CITY WITH A
POPULATION OF ONE MILLION OR MORE. 1. IN ANY CITY WITH A  POPULATION  OF
ONE  MILLION OR MORE, ONCE A DEPARTMENT FINDS, PURSUANT TO SECTION NINE-
TEEN HUNDRED SEVENTY-ONE OF THIS ARTICLE, THAT A DWELLING IS  ABANDONED,
AND HAS NOTIFIED THE OWNER THEREOF, SUCH OWNER SHALL HAVE THIRTY DAYS TO

A. 2564                             3

SEAL  SUCH  DWELLING  OR  CORRECT  THE  FACTS UPON WHICH THE ABANDONMENT
CERTIFICATION IS BASED.
  2.  IF,  AT  THE  CONCLUSION OF THIRTY DAYS, SUCH OWNER HAS NOT SEALED
SUCH DWELLING OR CORRECTED THE FACTS UPON WHICH THE ABANDONMENT  CERTIF-
ICATION IS BASED, THE DEPARTMENT SHALL:
  (A) SEAL SUCH DWELLING WITHIN SIXTY DAYS; AND
  (B) INITIATE A PROCEEDING TO PLACE A LIEN ON THE PROPERTY IN AN AMOUNT
TO RECOVER THE COSTS INCURRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION.
  S 8. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.