NY State Senate Bill 2011-S4237

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to judiciary
Mar 24, 2011	referred to judiciary

co-Sponsors

2011-S4237 (ACTIVE) - Details

See Assembly Version of this Bill:: A6675
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 Other Legislative Sessions:: 2013-2014: S3396, A2564
2015-2016: A906
2017-2018: A2797
2019-2020: A1228

2011-S4237 (ACTIVE) - 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.

2011-S4237 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4237

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 Propel1y
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
inhabiting 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 overseeing 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:

New bill.

FISCAL IMPLICATIONS:

None perceived.

EFFECTIVE DATE:

This act will take effect 120 days after becoming a law.

2011-S4237 (ACTIVE) - Bill Text download pdf

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

    S. 4237                                                  A. 6675

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 24, 2011
                               ___________

IN SENATE -- Introduced by Sen. ADDABBO -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Judiciary

IN  ASSEMBLY  --  Introduced  by  M.  of  A.  M. 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10172-02-1

S. 4237                             2                            A. 6675

  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
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

S. 4237                             3                            A. 6675

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
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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Senate Bill S4237

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

2011-S4237 (ACTIVE) - Details

2011-S4237 (ACTIVE) - Summary

2011-S4237 (ACTIVE) - Sponsor Memo

2011-S4237 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4237

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Judiciary Committee

co-Sponsors

Tony Avella

2011-S4237 (ACTIVE) - Details

2011-S4237 (ACTIVE) - Summary

2011-S4237 (ACTIVE) - Sponsor Memo

2011-S4237 (ACTIVE) - Bill Text download pdf

Comments