Assembly Bill A6161A

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

                                 6161--A
                                                           R. R. 282

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2009
                               ___________

Introduced  by  M.  of  A. WEINSTEIN, JAFFEE, D. WEPRIN, GIBSON, MAISEL,
  COLTON, N. RIVERA -- Multi-Sponsored by -- M.  of  A.  FIELDS,  GLICK,
  GOTTFRIED,  McENENY,  NOLAN -- read once and referred to the Committee
  on Judiciary -- reported from committee, advanced to a third  reading,
  amended  and  ordered  reprinted,  retaining its place on the order of
  third reading

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation to title to an abandoned multiple dwelling in a city, town or
  village

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

  Section 1.  Subdivision 3 of section 1972 of the real property actions
and proceedings law, as added by chapter 864 of the  laws  of  1973,  is
amended to read as follows:
  3.  Within  five days of the service of notice on the owner, a copy of
the certification shall be served on each mortgagee, lienor  and  lessee
of  record, personally or by registered mail to the address set forth in
the recorded instrument or, if no address appears therein, to the person
at whose request the instrument was recorded.  Such copy shall,  in  the
case  of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice that
proceedings pursuant to this article may be instituted unless the  mort-
gagee  or  lienor,  within  fifteen  days  of  such  mailing, either (A)
commences proceedings to foreclose the mortgage or lien  AND  MOVES  FOR
THE  APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO COMPLIANCE
WITH THE APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM  THE  DATE
OF  APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT
WITH THE DEPARTMENT or [enters into an agreement with the department  to
bring  the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED IN
THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
provisions of law WITHIN NINETY DAYS FROM THE DATE OF TAKING  POSSESSION
OR  SUCH  LONGER  PERIOD  AS  MAY  BE  ESTABLISHED BY AGREEMENT WITH THE

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

                                                           LBD06402-03-0

A. 6161--A                          2

DEPARTMENT.  THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
RY IN THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO  THIS  ARTICLE
IF:    (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS DENIED, (II)
THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
CABLE  PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE OF APPOINTMENT
OR SUCH LONGER PERIOD AS  MAY  BE  ESTABLISHED  BY  AGREEMENT  WITH  THE
DEPARTMENT;  OR  (III)  THE  MORTGAGEE  OR LIENOR IN POSSESSION FAILS TO
BRING THE BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW
WITHIN NINETY DAYS FROM THE DATE OF TAKING  POSSESSION  OR  SUCH  LONGER
PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE DEPARTMENT.
  S  2.    This  act  shall take effect on the one hundred twentieth day
after it shall  have  become  a  law  and  shall  apply  to  proceedings
commenced on or after such date.