|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 15, 2013||referred to judiciary|
senate Bill S2264
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2264 - Details
S2264 - Summary
Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance.
S2264 - Sponsor Memo
BILL NUMBER:S2264 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 SUMMARY OF PROVISIONS: Section 1: amends subdivision 3 of section 1972 of 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. Section 2: Effective 120 days after it shall have become law. 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. However, current
S2264 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2264 2013-2014 Regular Sessions I N S E N A T E January 15, 2013 ___________ 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 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03700-01-3
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