Senate Bill S5154

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

                                  5154

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 13, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to the disclosure of information provided in  the  notice  to
  the  department of housing preservation and development by a mortgagee
  commencing an action to recover residential real property

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

  Section  1. Subdivision (a) of section 27-2109.1 of the administrative
code of the city of New York, as added by local law number 4 of the city
of New York for the year 2012, is amended and a  new  subdivision  d  is
added to read as follows:
  [(a)]  A.  1.  Any  mortgagee  that  commences an action in a court of
competent jurisdiction in the state of New York to foreclose a  mortgage
on  residential  real property within the city of New York shall provide
notice to the department, in a form prescribed by the department, within
fifteen days of service of the pleadings commencing such action. If such
action was commenced before the effective date of  the  local  law  that
added  this  section,  and  remains  pending  as of such effective date,
notification shall be provided within  thirty  days  of  such  effective
date,  provided,  however,  that no notice shall be required for actions
commenced prior to February 13, 2010, regardless of whether such  action
remains  pending  as  of such effective date. Such notice shall include,
but need not be limited to, the following information: (i) the  name  of
the  mortgagee plaintiff commencing such action and the mailing address,
telephone number and e-mail address of such  mortgagee  plaintiff,  and,
when  applicable,  the  name of a principal or corporate officer of such
mortgagee plaintiff, and  the  mailing  address,  telephone  number  and
e-mail  address of such principal or corporate officer; (ii) the name of
the defendant in such action; (iii) the identification of such  residen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10671-01-3
              

S. 5154                             2

tial  real property by street address and block and lot number, (iv) the
date of the commencement of such action, (v) the  court  in  which  such
action  was commenced, and (vi) such other information as the department
may require by rule. For the purposes of this section, "mortgagee" shall
mean  any  person  that  commences  an action to foreclose a mortgage on
residential real property including,  but  not  limited  to,  a  lender,
assignee  or  mortgage  loan  service  provider  that  commences such an
action.
  2. A mortgagee shall notify the department within fifteen days of  the
discontinuance  of  an action for which notice pursuant to paragraph one
of this subdivision has been received by the department, the issuance of
a judgment in such action, or the sale of the real property as a  result
of such action.
  3.  The department shall maintain on its website a list of all proper-
ties with twenty or more units, identified by block and lot number along
with the name, mailing address and telephone  number  of  the  mortgagee
plaintiff  and  the  name  of the defendant for which notice pursuant to
paragraph one of this subdivision has been received. Such list shall  be
updated  at  a  minimum  on  the  first  business day of each month. The
department shall report on its website each three months: (i) the  total
number of foreclosure actions commenced during the immediately preceding
three months for which notice pursuant to paragraph one of this subdivi-
sion  has  been  received  by the department, disaggregated by community
district; and (ii) the total number of foreclosure actions pending,  for
which  notice pursuant to paragraphs one and two of this subdivision has
been received by the department, disaggregated  by  community  district.
The  department shall provide the information provided to it pursuant to
paragraphs one and two of this subdivision to one or more  agencies  for
which  the  department  determines  that  such information furthers such
agency or agencies' duties, including but not limited to the enforcement
of section 28-210.1 of this code or related provisions, and to any other
city agency upon request by such agency.
  D. THE INFORMATION PROVIDED IN THE NOTICE SUBMITTED BY  THE  MORTGAGEE
TO  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION SHALL NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. ALL  SUCH
INFORMATION SHALL BE USED BY THE DEPARTMENT EXCLUSIVELY FOR THE PURPOSES
OF  MONITORING  THE  EXTENT OF RESIDENTIAL MORTGAGE FORECLOSURES AND THE
PROPERTIES SUBJECT TO SUCH FORECLOSURES,  TO  PERFORM  ANALYSES  OF  THE
INFORMATION SUBMITTED, AND DIRECTING AS APPROPRIATE AVAILABLE PUBLIC AND
PRIVATE  FORECLOSURE  PREVENTION  AND  COUNSELING  SERVICES TO OWNERS OF
RESIDENTIAL PROPERTIES THAT ARE THE SUBJECT OF  A  MORTGAGE  FORECLOSURE
PROCEEDING.  THE DEPARTMENT MAY SHARE INFORMATION RECEIVED IN THE NOTICE
OR NOTICES SUBMITTED BY THE MORTGAGEE WITH HOUSING  COUNSELING  AGENCIES
DESIGNATED  BY  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AS WELL AS
WITH OTHER CITY AGENCIES PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF
THIS SECTION.
  S 2. This act shall take effect immediately, and shall  be  deemed  to
have been in full force and effect on and after June 15, 2012.