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

                                  8103

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

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

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  special  foreclosure proceeding for vacant and abandoned
  property

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

  Section 1. A part of the supreme court shall be devoted to foreclosure
actions involving property alleged to be vacant and abandoned.
  S  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1308 to read as follows:
  S 1308. SPECIAL FORECLOSURE PROCEEDING FOR VACANT AND ABANDONED  PROP-
ERTY.  1.    IN  ANY FORECLOSURE ACTION INVOLVING PROPERTY ALLEGED TO BE
VACANT AND ABANDONED, THE PLAINTIFF MAY MAKE AN APPLICATION FOR AN ORDER
TO SHOW CAUSE UPON NOTICE WHICH SEEKS ENTRY OF JUDGMENT  OF  FORECLOSURE
AND  SALE ON THE GROUNDS THAT SUCH PROPERTY IS VACANT AND ABANDONED. ANY
SUCH APPLICATION SHALL BE MADE VIA ORDER  TO  SHOW  CAUSE,  WHEREIN  THE
COURT  SHALL  DIRECT SERVICE CONSISTENT WITH SECTION THREE HUNDRED EIGHT
OF THE CIVIL PRACTICE LAW  AND  RULES.  NO  SUCH  APPLICATION  SHALL  BE
DIRECTED  TO  BE  SERVED  UPON  DEFENDANT  UNTIL  THE TIME TO ANSWER THE
COMPLAINT IN SUCH ACTION SHALL HAVE EXPIRED, NOR SHALL ANY SUCH APPLICA-
TION BE GRANTED UNTIL AFTER THE MANDATORY SETTLEMENT CONFERENCE PURSUANT
TO RULE THREE THOUSAND FOUR HUNDRED EIGHT OF THE CIVIL PRACTICE LAW  AND
RULES HAS BEEN NOTICED TO ANY SUCH DEFENDANT, AND AFTER ALL SUCH DEFEND-
ANTS HAVE FAILED TO APPEAR FOR SAID CONFERENCE. SUCH APPLICATION SHALL:
  (A)  STATE  ON THE FACE OF THE ORDER TO SHOW CAUSE THAT "THIS ORDER TO
SHOW CAUSE SEEKS ENTRY OF A JUDGMENT OF FORECLOSURE AND SALE PURSUANT TO
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW S 1308 ON THE GROUND THAT  THE
MORTGAGED PREMISES ARE VACANT AND ABANDONED";

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11598-02-3

A. 8103                             2
              

  (B) SET FORTH THE ALLEGATIONS EVIDENCING VACANT AND ABANDONED RESIDEN-
TIAL PROPERTY AS PROVIDED FOR UNDER SUBDIVISION FOUR OF THIS SECTION AND
ATTACH DOCUMENTARY EVIDENCE IN SUPPORT;
  (C)  STATE WITHIN THE AFFIDAVIT OR AFFIRMATION SUPPORTING THE APPLICA-
TION THE SUMS ALLEGED TO BE DUE AND  OWING  UPON  THE  SUBJECT  MORTGAGE
DOCUMENTS  AND ATTACH DOCUMENTARY EVIDENCE IN SUPPORT, INCLUDING BUT NOT
LIMITED TO PROOF OF OWNERSHIP OF THE MORTGAGE AND THE NOTE; AND
  (D) STATE WITHIN THE AFFIDAVIT OR AFFIRMATION SUPPORTING THE  APPLICA-
TION  THAT AN IMMEDIATE ORDER OF REFERENCE IS SOUGHT FOR THE APPOINTMENT
OF A REFEREE TO COMPUTE PURSUANT TO THIS CHAPTER.
  2. THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS SHALL ADOPT SUCH RULES
AS HE OR SHE DEEMS NECESSARY TO EXPEDITIOUSLY IMPLEMENT  THE  PROVISIONS
OF THIS SUBDIVISION.
  3.  THE COURT SHALL TAKE THE EVIDENCE SUPPORTING THE FACTS AND CIRCUM-
STANCES STATED IN THE ORDER TO SHOW CAUSE AND SHALL EXAMINE  THE  PLAIN-
TIFF  OR  HIS  OR HER AGENT, AT AN EVIDENTIARY HEARING UNDER OATH, AS TO
THE EVIDENCE PRESENTED WITH RESPECT TO VACANT  AND  ABANDONED  PROPERTY,
AND  SHALL  MAKE A WRITTEN FINDING WHETHER THE PROPERTY TO BE FORECLOSED
UPON PURSUANT TO THIS SECTION MEETS THE DEFINITION OF VACANT  AND  ABAN-
DONED  PURSUANT  TO SUBDIVISION FOUR OF THIS SECTION AND SHALL SET FORTH
WITH SPECIFICITY THE FACTORS MET UNDER  SUCH  SECTION.  EVIDENCE  TO  BE
SUBMITTED  TO THE COURT SHALL INCLUDE UTILITY COMPANY RECORDS EVIDENCING
THE ABANDONED STATUS OF THE PREMISES.  WRITTEN  FINDINGS  SHALL  INCLUDE
EVIDENCE THAT THE PLAINTIFF IS THE OWNER AND HOLDER OF THE SUBJECT MORT-
GAGE  AND NOTE, OR HAS BEEN DELEGATED THE AUTHORITY TO INSTITUTE A MORT-
GAGE FORECLOSURE ACTION BY THE OWNER OF SAME.
  4. (A) AS USED IN THIS SECTION,  "VACANT  AND  ABANDONED"  RESIDENTIAL
PROPERTY  MEANS  RESIDENTIAL REAL ESTATE, AS DEFINED IN SECTION THIRTEEN
HUNDRED FIVE OF THIS ARTICLE, WITH RESPECT TO WHICH THE MORTGAGEE PROVES
TO THE SATISFACTION OF THE COURT THAT  THE  MORTGAGED  PROPERTY  IS  NOT
OCCUPIED BY A MORTGAGOR OR TENANT AS DEFINED IN SECTION THIRTEEN HUNDRED
FIVE OF THIS ARTICLE, AND:
  (1)  THE  PROPERTY  IS A RISK TO THE HEALTH, SAFETY, OR WELFARE OF THE
PUBLIC, OR ANY ADJOINING OR ADJACENT PROPERTY OWNERS,  DUE  TO  ACTS  OF
VANDALISM, LOITERING, CRIMINAL CONDUCT, OR PHYSICAL DESTRUCTION OR DETE-
RIORATION OF THE PROPERTY; OR
  (2)  THE  RELEVANT  GOVERNMENTAL  AUTHORITY  HAS DECLARED THE PROPERTY
UNFIT FOR OCCUPANCY AND TO REMAIN VACANT AND UNOCCUPIED OR TO BE  DEMOL-
ISHED.
  (B) FOR THE PURPOSES OF THIS SECTION, A RESIDENTIAL PROPERTY SHALL NOT
BE CONSIDERED "VACANT AND ABANDONED" IF, ON THE PROPERTY:
  (1)  THERE IS AN UNOCCUPIED BUILDING WHICH IS UNDERGOING CONSTRUCTION,
RENOVATION, OR REHABILITATION THAT IS PROCEEDING TO COMPLETION, AND  THE
BUILDING  IS  IN COMPLIANCE WITH ALL APPLICABLE ORDINANCES, CODES, REGU-
LATIONS, AND STATUTES;
  (2) THERE IS A BUILDING OCCUPIED ON A SEASONAL  BASIS,  BUT  OTHERWISE
SECURE;
  (3)  THERE  IS  A  BUILDING  THAT  IS  SECURE, BUT IS THE SUBJECT OF A
PROBATE ACTION, ACTION  TO  QUIET  TITLE,  OR  OTHER  SIMILAR  OWNERSHIP
DISPUTE; OR
  (4)  THERE  IS A BUILDING DAMAGED BY NATURAL DISASTER UPON DECLARATION
OF A STATE DISASTER EMERGENCY BY THE GOVERNOR PURSUANT TO SECTION  TWEN-
TY-EIGHT  OF  THE  EXECUTIVE  LAW RELATING TO ANY CLAIM ARISING FROM THE
CAUSE OF SUCH DECLARATION, WHILE AWAITING FUNDS TO REPAIR.

A. 8103                             3

  5. (A) A JUDGMENT OF FORECLOSURE AND SALE SHALL NOT BE ENTERED  PURSU-
ANT TO THIS SECTION IF THE MORTGAGOR OR ANY OTHER DEFENDANT HAS FILED AN
ANSWER, APPEARANCE OR OTHER WRITTEN OBJECTION THAT IS NOT WITHDRAWN.
  (B)  THE COURT'S DENIAL OF A JUDGMENT OF FORECLOSURE AND SALE PURSUANT
TO THIS SECTION WHERE THE COURT DOES NOT FIND THAT THE MORTGAGED PROPER-
TY IS VACANT AND ABANDONED SHALL NOT BE ON THE MERITS.
  (C) THE PROVISIONS OF THIS SECTION SHALL NOT PREEMPT, REDUCE OR  LIMIT
ANY  RIGHTS  OR  OBLIGATIONS  IMPOSED  BY ANY LOCAL LAWS WITH RESPECT TO
PROPERTY MAINTENANCE OR A LOCALITY'S ABILITY TO ENFORCE SUCH LAWS.
  (D) THE PROVISIONS OF THIS SECTION SHALL NOT ABROGATE  ANY  RIGHTS  OR
DUTIES PURSUANT TO THIS ARTICLE.
  S  3.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law.