senate Bill S3396

Relates to abandoned dwellings in N.Y. city

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to abandoned dwellings in any city with a population of one million or more; authorizes such city to declare dwellings abandoned; requires the owner to seal such dwelling within 30 days and if such owner does not, the city may then impose a lien on the property for the cost thereof.

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Bill Details

See Assembly Version of this Bill:
A2564
Versions:
S3396
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd Art 19-a Art Head, §§1970 - 1974, add §1975, RPAP L
Versions Introduced in 2011-2012 Legislative Cycle:
S4237, A6675

Sponsor Memo

BILL NUMBER:S3396

TITLE OF BILL: 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

PURPOSE: To curb criminal activity and prevention of property value
loss in neighborhoods that sustain abandoned dwellings due to neglect by
the owner and/or city, and overrun by thieves and squatters.

SUMMARY OF PROVISIONS:

Section 1: Article heading of 19-A of the Real Property Actions and
Proceedings law is amended to reflect special proceedings for abandoned
dwellings.

Section 2: Defines applicability of proposed law and the authority of a
departmental or city agency, town or village to institute a proceeding
for a vested judgment upon an abandoned dwelling after inaction by
owner.

Section 3: Subdivision 2, section 1971, of the Real Property Actions and
Proceedings law is amended to incorporate mailing of certified dwelling
records language to last known owner of abandoned residence for purposes
of informing.

Section 4: Subdivisions 1 and 2 of section 1972 of the Real Property
Actions and Proceedings law is amended to read that an owner has up to
thirty-days to board and seal the abandon dwelling, otherwise the city,
town or village has the authority to place a lien on the dwelling and
have an additional sixty days to board and seal such dwelling.

Section 5: The inapplicability of section 1973 of the Real Property
Actions and Proceedings law to cities with population of one million or
more persons.

Section 6: The inapplicability of section 1974 of the Real Property
Actions and Proceedings law to cities with populations of one million or
more persons.

Section 7: A new section, 1975, proposed to the Real Property Actions
and Proceedings law that specifies special proceeding for abandoned
dwellings in any city with a population of one million or more persons.
An owner shall have up to thirty days to seal a dwelling, otherwise a
city, town or village can institute a proceeding for a vested judgment.
The city, town or village will have up to an additional sixty days to
seal such dwelling.

Section 8: The effective date of the bill.

EXISTING LAW: A city, town or village may find a dwelling abandoned
either if it is not sealed, or is guarded by a person other than the
owner, a mortgagee, lienor or agent thereof and a vacate order of the
department or other governmental agency currently prohibits occupancy of
the dwelling, or the tax on such premises is past due and unpaid for a
one year period or more.

JUSTIFICATION: Recently in Woodhaven, Queens, residents have endured a
spike in criminal activity due to abandoned homes overburdened by
thieves and squatters. On March 12, 2011, a birthday party had taken
place inside an abandoned Woodhaven home sans electricity. Sadly, a teen
was beaten to death following an onslaught by five suspects who had
forced their way in to the party and belittled the victim with anti-gay
remarks.

Events like this lead residents to become and remain fearful of inhabit-
ing their neighborhood. Much of the criminal activity could be dissuaded
if the owner of an abandoned dwelling properly boards and seals his/her
dwelling. If an owner is unable to, is negligent to, or has no intention
to seal such dwelling, it should then become the responsibility of the
city, town or village to seal such dwelling and place a lien on the
residence. The city, town or village will make a profit while upholding
the surroundings of the community and reducing crime activity. Passing
this proposed measure will also alleviate extra police manpower to over-
seeing and protecting the residents of this neighborhood - and others
-that may be currently experiencing depressed conditions.

Although this may be a recent problem, the advocacy group ACORN had
determined increased crime activity connected to foreclosed homes for
the neighborhoods Jackson Heights, Kew Gardens, Woodhaven, Jamaica,
Hollis, Rockaway and Broad Channel between the period 2006-2008.
Further, these neighborhoods had an average of 420 more incidents than
other foreclosed areas within Queens in 2008. Between January 2008 to
January 2009, foreclosure Queens auctions rose 62%.

Not only is threat of crime a real problem; the loss of property values
and beautifying neighborhoods is in danger. By owner responsibility, or
city, village or town intervention will crime activity be minimized and
neighborhoods be safe.

LEGISLATIVE HISTORY: S. 4237 - Referred to Judiciary.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act will take effect 120 days after becoming a law,
with provisions.

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

                                  3396

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed 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

S. 3396                             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

S. 3396                             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.

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