senate Bill S5719

2013-2014 Legislative Session

Provides for summary action to foreclose upon vacant and abandoned residential real property

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Feb 03, 2014 advanced to third reading
Jan 28, 2014 2nd report cal.
Jan 27, 2014 1st report cal.56
Jan 08, 2014 referred to housing, construction and community development
returned to senate
died in assembly
Jun 24, 2013 referred to judiciary
Jun 21, 2013 delivered to assembly
passed senate
ordered to third reading cal.1656
committee discharged and committed to rules
Jun 07, 2013 referred to housing, construction and community development

Votes

view votes

Jan 27, 2014 - Housing, Construction and Community Development committee Vote

S5719
7
1
committee
7
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Jan 27, 2014

nay (1)
aye wr (1)

Jun 21, 2013 - Rules committee Vote

S5719
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

S5719 - Details

See Assembly Version of this Bill:
A7871
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1308, RPAP L

S5719 - Summary

Provides for summary action to foreclose upon vacant and abandoned residential real property.

S5719 - Sponsor Memo

S5719 - Bill Text download pdf

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

                                  5719

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 7, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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  real  property  actions and proceedings law, in
  relation to summary action to foreclose mortgages on vacant and  aban-
  doned residential property

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1308 to read as follows:
  S 1308. ABANDONED PROPERTY FORECLOSURE SUMMARY PROCEDURE.  1. FOR  THE
PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "VACANT AND ABANDONED" RESIDENTIAL PROPERTY MEANS RESIDENTIAL REAL
PROPERTY,  AS  DEFINED IN SECTION THIRTEEN HUNDRED FIVE OF THIS ARTICLE,
WITH RESPECT TO WHICH THE MORTGAGEE  PROVES  BY  REPORTS,  AFFIDAVIT  OR
AFFIDAVITS,  AFFIRMATION  OR  AFFIRMATIONS, PHOTOGRAPHS OR OTHERWISE, OR
ANY COMBINATION THEREOF TO THE SATISFACTION OF THE COURT, THAT THE MORT-
GAGED REAL PROPERTY IS VACANT AND  HAS  BEEN  ABANDONED.  REAL  PROPERTY
SHALL BE DEEMED "VACANT AND ABANDONED" IF THE COURT FINDS THAT THE MORT-
GAGED  PROPERTY IS NOT OCCUPIED BY A MORTGAGOR OR TENANT PURSUANT TO AND
AS EVIDENCED BY A WRITTEN LEASE AGREEMENT  IN  THE  TENANT'S  POSSESSION
ENTERED  INTO  PRIOR TO THE INITIATION OF THE FORECLOSURE ACTION, AND AT
LEAST TWO OF THE FOLLOWING CONDITIONS EXIST:
  (I) THE PROPERTY IS NOT MAINTAINED BY A MORTGAGOR IN A MANNER CONSIST-
ENT WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION THIRTEEN
HUNDRED SEVEN OF THIS ARTICLE;
  (II) THE PROPERTY IS A RISK TO THE HEALTH, SAFETY OR  WELFARE  OF  THE
PUBLIC,  OR  ANY ADJOINING OR ADJACENT PROPERTY OWNERS, WHICH EXISTS DUE
TO  ACTS  OF  VANDALISM,  LOITERING,  CRIMINAL  CONDUCT,   OR   PHYSICAL
DESTRUCTION OR DETERIORATION OF THE PROPERTY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11331-01-3

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