| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 30, 2010 |
ordered to third reading cal.1393 committee discharged and committed to rules |
| Jun 24, 2010 |
print number 8100a |
| Jun 24, 2010 |
amend and recommit to judiciary |
| Jun 08, 2010 |
referred to judiciary |
Senate Bill S8100A
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
Actions
Votes
Bill Amendments
2009-S8100 - Details
2009-S8100 - Sponsor Memo
BILL NUMBER:S8100
TITLE OF BILL:
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
PURPOSE OF BILL:
This bill amends the real property actions and
proceedings law, to require a mortgagee or lienor who institutes
proceedings to foreclose, to have a receiver appointed and ordered to
enter into an agreement with the appropriate agency to repair and
correct violations of housing maintenance laws, or alternatively to
take possession of the premises themselves and enter into a repair
agreement with the city agency to prevent the agency from taking
title to an abandoned building.
JUSTIFICATION:
The purpose of the abandoned building law (article 19-A
of the real property actions and proceedings law) is to allow the
city government to take title to buildings to ensure they are
properly managed after abandonment. An owner may block such
proceedings by resuming management and undertaking repairs. If the
owner does not make repairs, then mortgagees and lienors may stop
article 19-A proceedings by merely starting a foreclosure action.
2009-S8100 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8100
I N S E N A T E
June 8, 2010
___________
Introduced by Sen. KLEIN -- 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 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, IN WHICH APPLICATION THE MORTGAGEE OR
LIENOR REQUESTS THAT THE RECEIVER BE ORDERED BY THE COURT APPOINTING HIM
OR HER TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT TO BRING THE
BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW, AND
SERVES THE DEPARTMENT WITH A COPY OF THE APPLICATION or (B) TAKES
POSSESSION OF THE PREMISES AS PROVIDED IN THE MORTGAGE AND enters into
an agreement with the department to bring the building into compliance
with [the] applicable provisions of law. IF AN APPLICATION FOR APPOINT-
MENT OF A RECEIVER BY A MORTGAGEE OR LIENOR IS DENIED OR A RECEIVER IS
APPOINTED BUT NOT SPECIFICALLY DIRECTED TO ENTER INTO AN AGREEMENT WITH
THE DEPARTMENT TO BRING THE BUILDING INTO COMPLIANCE WITH APPLICABLE
PROVISIONS OF LAW, THE DEPARTMENT MAY INSTITUTE PROCEEDINGS PURSUANT TO
THIS ARTICLE. THE DEPARTMENT MAY ALSO, NOTWITHSTANDING ANYTHING TO THE
CONTRARY IN THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO THIS
ARTICLE IF: (I) A FORECLOSURE PROCEEDING HAS BEEN COMMENCED EITHER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
2009-S8100A (ACTIVE) - Details
2009-S8100A (ACTIVE) - Sponsor Memo
BILL NUMBER:S8100A
TITLE OF BILL:
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
PURPOSE OF BILL:
This bill amends the real property actions and
proceedings law, to require a mortgagee or lienor who institutes
proceedings to foreclose, to have a receiver appointed and ordered to
enter into an agreement with the appropriate agency to repair and
correct violations of housing maintenance laws, or alternatively to
take possession of the premises themselves and enter into a repair
agreement with the city agency to prevent the agency from taking
title to an abandoned building.
JUSTIFICATION:
The purpose of the abandoned building law (article 19-A
of the real property actions and proceedings law) is to allow the
city government to take title to buildings to ensure they are
properly managed after abandonment. An owner may block such
proceedings by resuming management and undertaking repairs. If the
owner does not make repairs, then mortgagees and lienors may stop
article 19-A proceedings by merely starting a foreclosure action.
2009-S8100A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8100--A
I N S E N A T E
June 8, 2010
___________
Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- 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 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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