Assembly Bill A10072

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

                                  10072

                          I N  A S S E M B L Y

                              May 10, 2016
                               ___________

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

AN ACT to amend the banking law, in relation to establishing a statewide
  electronic database of foreclosed residential real  property;  and  to
  amend  the  real  property actions and proceedings law, in relation to
  authorizing the attorney general to enforce the duty to maintain fore-
  closed property

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

  Section  1. The banking law is amended by adding a new section 37-b to
read as follows:
  S 37-B. STATEWIDE ELECTRONIC  DATABASE;  FORECLOSED  RESIDENTIAL  REAL
PROPERTY.  1.  WHERE A MORTGAGEE OR ITS AGENT HAS OBTAINED A JUDGMENT OF
FORECLOSURE AND SALE PURSUANT TO SECTION THIRTEEN HUNDRED  FIFTY-ONE  OF
THE  REAL  PROPERTY  ACTIONS  AND PROCEEDINGS LAW, INVOLVING RESIDENTIAL
REAL PROPERTY, AS DEFINED IN SECTION THIRTEEN HUNDRED FIVE OF SUCH  LAW,
THAT IS OR HAS BECOME VACANT, OR HAS BEEN ABANDONED BY THE MORTGAGOR BUT
OCCUPIED  BY  A  TENANT,  SHALL  PROVIDE  WRITTEN  NOTICE THEREOF TO THE
DEPARTMENT, IN SUCH FORM AND MANNER AS SHALL BE DETERMINED BY THE SUPER-
INTENDENT.
  A MORTGAGEE OR ITS AGENT SHALL SUBMIT SUCH NOTICE WITHIN TEN  DAYS  OF
WHEN THE MORTGAGEE OR ITS AGENT LEARNS OR REASONABLY SHOULD HAVE LEARNED
THAT  THE  FORECLOSED  RESIDENTIAL REAL PROPERTY IS VACANT OR ABANDONED.
SUCH NOTICE SHALL INCLUDE, AT A MINIMUM, THE CURRENT NAME,  ADDRESS  AND
CONTACT  INFORMATION FOR THE MORTGAGEE OR AGENT, THE ADDRESS OF THE REAL
PROPERTY, THE TAX IDENTIFICATION NUMBER OF THE REAL PROPERTY, AND WHETH-
ER THE PROPERTY IS VACANT OR ABANDONED BUT OCCUPIED BY TENANTS.
  2. WHERE ANY OF THE INFORMATION CONTAINED IN A NOTICE TO  THE  DEPART-
MENT MATERIALLY CHANGES SINCE THE SUBMISSION THEREOF OR OWNERSHIP OF THE
RESIDENTIAL  REAL  PROPERTY  HAS  BEEN TRANSFERRED, THE MORTGAGEE OR ITS
AGENT SHALL MAKE AN AMENDED SUBMISSION NOT LATER THAN TEN DAYS AFTER  IT
LEARNS  OR REASONABLY SHOULD HAVE LEARNED OF THE NEW OR CHANGED INFORMA-
TION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14298-02-6
              

A. 10072                            2

  3. THE DEPARTMENT SHALL ESTABLISH AND MAINTAIN A STATEWIDE  ELECTRONIC
DATABASE  OF  THE  INFORMATION  ON  FORECLOSED RESIDENTIAL REAL PROPERTY
RECEIVED PURSUANT TO THIS SECTION. THE DEPARTMENT SHALL GRANT ACCESS  TO
SUCH  DATABASE  TO  THE DEPARTMENT OF LAW, FOR PURPOSES OF ENFORCING THE
PROVISIONS  OF  SECTION  THIRTEEN  HUNDRED  SEVEN  OF  THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW. FURTHERMORE, MUNICIPALITIES IN WHICH  RESI-
DENTIAL REAL PROPERTY, INCLUDED IN SUCH DATABASE, IS LOCATED, SHALL HAVE
ACCESS TO THE DATABASE FOR THOSE PROPERTIES WITHIN THE MUNICIPALITY, FOR
THE  PURPOSES  OF  ENFORCING  SECTION THIRTEEN HUNDRED SEVEN OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW. THE INFORMATION  IN  THE  DATABASE
SHALL  BE KEPT AND REMAIN CONFIDENTIAL BY THE DEPARTMENT, THE DEPARTMENT
OF LAW AND MUNICIPALITIES; PROVIDED, HOWEVER, SUCH  INFORMATION  MAY  BE
DISCLOSED  BY  A  MUNICIPALITY,  UPON WRITTEN REQUEST, TO A NEIGHBORHOOD
ASSOCIATION OR ANY OTHER NON-GOVERNMENTAL ENTITY AUTHORIZED  TO  ENFORCE
THE  PROVISIONS  OF  SECTION THIRTEEN HUNDRED SEVEN OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW.
  4. THE DEPARTMENT SHALL ESTABLISH  AND  MAINTAIN  EITHER  A  TOLL-FREE
TELEPHONE  HOTLINE OR AN INTERNET WEB ADDRESS WHEREBY PERSONS MAY REPORT
THE EXISTENCE OF FORECLOSED RESIDENTIAL REAL  PROPERTY  THAT  IS  EITHER
VACANT OR ABANDONED BUT OCCUPIED BY TENANTS.
  S  2. Section 1307 of the real property actions and proceedings law is
amended by adding two new subdivisions 9 and 10 to read as follows:
  9. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INSTITUTE A  CIVIL
ACTION OR PROCEEDING TO ENFORCE THE PROVISIONS OF THIS SECTION.
  10.  A  PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION WHO OBTAINS A JUDG-
MENT OF FORECLOSURE WHO KNOWINGLY VIOLATES ANY PROVISION OF THIS ARTICLE
OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, SHALL BE SUBJECT
TO A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS  FOR  EVERY  RESIDENTIAL
REAL PROPERTY IT FAILS TO MAINTAIN.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become  a law. Provided, however, that, effective imme-
diately, any and all actions necessary to implement  the  provisions  of
this  act  on  its  effective  date  are  authorized  and directed to be
completed on or before such date.