Senate Bill S900

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

                                   900

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARTINS, BONACIC -- 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  special  proceedings  to  convey title to abandoned real
  property to cities, towns or villages

  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
                   ABANDONED [DWELLING] REAL PROPERTY
                        TO CITY, TOWN OR VILLAGE
  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] ENFORCING THE
MUNICIPALITY'S BUILDING CODE (hereinafter in this article referred to as
"the  department")  may  institute  a  proceeding in accordance with the
provisions of this article for a judgment vesting in the city,  town  or
village  title to [a dwelling] REAL PROPERTY which has been abandoned by
the owner. This article shall not apply to a  one-family  or  two-family
dwelling occupied by the owner thereof.
  S 3. Subdivisions 1 and 2 of section 1971 of the real property actions
and proceedings law, subdivision 1 as amended by chapter 529 of the laws
of 2008 and subdivision 2 as amended by chapter 496 of the laws of 1983,
are amended to read as follows:

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

                                                           LBD03346-01-3

S. 900                              2

  1.  The  department may make a finding that [a dwelling] REAL PROPERTY
is abandoned if:
  (a)  In  the  case of an occupied dwelling, the owner has failed for a
period of at least three consecutive months either to collect rent or to
institute summary proceedings for nonpayment of rent, and the department
finds that the dwelling has become a danger to life, health or safety as
a result of the owner's failure to assume his OR HER responsibility  for
its  condition.  Such  failure  may be shown by such facts as an owner's
failure to provide services including, but not limited to,  the  failure
to make repairs, supply janitorial service, purchase fuel or other need-
ed  supplies,  or pay utility bills. The appointment of an administrator
pursuant to article seven-A  of  this  chapter  shall  not  prevent  the
department from making a finding that a dwelling is abandoned; or
  (b)  In  the  case  of  [a] vacant [dwelling] REAL PROPERTY, it is not
sealed or continuously guarded as required by law or it was sealed or is
continuously guarded by a person other  than  the  owner,  a  mortgagee,
lienor or agent thereof, and either of the following facts exists:
  (i)  A  vacate  order  of  the department or other governmental agency
currently prohibits occupancy of the [dwelling] REAL PROPERTY; or
  (ii) The tax on such premises has been due and unpaid for a period  of
at least one year; or
  (III)  THE  PROPERTY  HAS  HAD A ZONING, HOUSING, BUILDING OR PROPERTY
MAINTENANCE CODE VIOLATION WHICH HAS BEEN CONTINUOUSLY  OUTSTANDING  AND
NOT  REMEDIATED  FOR  A  PERIOD  OF  AT LEAST ONE YEAR FROM THE DATE THE
ORIGINAL ORDER TO CORRECT OR NOTICE OF VIOLATION  WAS  SERVED  UPON  THE
PROPERTY  OWNER  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THREE HUNDRED
EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF  THE  OWNER  IS  A  NATURAL
PERSON,  OR  PURSUANT TO SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A,
THREE HUNDRED ELEVEN OR THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW
AND RULES IF THE OWNER IS A  PARTNERSHIP,  LIMITED  PARTNERSHIP,  CORPO-
RATION OR LIMITED LIABILITY COMPANY, RESPECTIVELY, OR
  (c)  In  the  case  of  a building for which an administrator has been
appointed pursuant to article seven-A of this chapter.
  (i) no motion for the termination of the judgment entered pursuant  to
article  seven-A  of  this  chapter  has  been granted by the appointing
court;
  (ii) no mortgagee or lienor has commenced foreclosure proceedings; and
  (iii) at least six months have passed since the granting of a judgment
appointing an administrator pursuant to article seven-A of this chapter.
  2. When the department finds that [a dwelling] REAL PROPERTY is  aban-
doned  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]
REAL PROPERTY in a prominent and conspicuous location, a notice that the
[building]  PROPERTY  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 PROPERTY OR ANY building OR structure LOCATED THEREON.
  S  4. Section 1971-a of the real property actions and proceedings law,
as added by chapter 496 of the laws of  1983,  is  amended  to  read  as
follows:
  S   1971-a.   Destruction  of  abandoned  [dwellings]  REAL  PROPERTY.
"Destruction of [an] abandoned [dwelling] REAL PROPERTY" occurs  when  a
person,  having no right to do so or permission of the department or the
owner to take, remove or otherwise damage the fixtures or the  structure
of the building, nor any reasonable ground to believe that he OR SHE has
such  right  or permission, intentionally removes or damages any fixture

S. 900                              3

or part of the structure of a building which has been certified as aban-
doned in accordance with the  provisions  of  section  nineteen  hundred
seventy-one of this chapter.
  S  5.  Subdivision  2 of section 1972 of the real property actions and
proceedings law, as amended by chapter 573  of  the  laws  of  1982,  is
amended to read as follows:
  2. The department shall serve upon the owner of the [dwelling] PROPER-
TY,  a copy of the certification. Service shall be made personally or by
posting in a conspicuous place upon the [dwelling] PROPERTY 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 OR HER
last registered address. The copy of the certification shall be accompa-
nied  by a notice stating that proceedings pursuant to this title may be
instituted unless the owner notifies the department  that  the  property
has  not  been  abandoned.  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.
  S 6. Subdivision 1 of section 1973 of the real  property  actions  and
proceedings  law,  as  amended  by  chapter  593 of the laws of 1983, is
amended to read as follows:
  1. After all provisions of section  nineteen  hundred  seventy-two  of
this  article  have  been  complied  with, the department may commence a
proceeding in a court of competent jurisdiction in the county  in  which
the [dwelling] PROPERTY is located, to vest title to the property in the
city, town or village.
  S 7. Subdivisions 1 and 3 of section 1974 of the real property actions
and proceedings law, subdivision 1 as amended by chapter 573 of the laws
of 1982 and subdivision 3 as amended by chapter 593 of the laws of 1983,
are amended to read as follows:
  1.  If  any party to the proceeding contests the issue of abandonment,
the burden of proving that the [dwelling] PROPERTY is abandoned shall be
upon the department, and the court shall make a  finding  based  on  the
facts before it.
  3.  Upon  a finding by the court that the [dwelling] PROPERTY is aban-
doned, the court shall enter a final judgment in favor of the  petition-
er.  The fact that an administrator has been appointed pursuant to arti-
cle seven-A of this chapter shall not prevent the court from entering  a
final  judgment  in  favor of the petitioner upon a finding by the court
that the [dwelling] PROPERTY is  abandoned.  The  final  judgment  shall
direct such officer of the city, town or village in which the [dwelling]
PROPERTY  is located as may be designated in the judgment to execute and
record a deed conveying title of the  premises  to  the  city,  town  or
village  thirty  days  after  entry  of judgment. Upon the entry of such
judgment the city, town or village shall be seized of an estate  in  fee
simple absolute in such land and all persons, including the state of New
York,  infants,  incompetents,  absentees and non-residents who may have
had any right, title, interest, claim, lien or equity of  redemption  in
or  upon  such  lands shall be barred and forever foreclosed of all such
right, title, interest, claim, lien or equity of redemption.
  S 8. This act shall take effect immediately.