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

                                  8159

                            I N  S E N A T E

                              June 17, 2016
                               ___________

Introduced  by Sens. FLANAGAN, KLEIN, YOUNG -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Rules

AN ACT to amend the tax law, in relation to a school tax reduction cred-
  it for residents of a city with a  population  over  one  million;  to
  amend  the  real  property tax law and the tax law, in relation to the
  school tax relief exemption  (Part  A);  to  amend  the  tax  law,  in
  relation to the farm workforce retention credit (Part B); to amend the
  racing,  pari-mutuel  wagering  and  breeding  law, in relation to the
  board of directors of the New York racing  association  (Part  C);  to
  amend  chapter  53  of the laws of 2016 enacting the Aid to Localities
  Budget, in relation to the office  of  prekindergarten  through  grade
  twelve  education program (Part D); to amend the public health law, in
  relation to home care worker wage parity (Part E);  to  amend  chapter
  710  of  the  laws  of  1988, amending the social services law and the
  education law relating to medical assistance  eligibility  of  certain
  persons and providing for managed medical care demonstration programs,
  in  relation  to  the  effectiveness thereof (Part F); relating to the
  enforcement of building codes of the city of New York (Part G); inten-
  tionally omitted (Part H); to amend the  public  authorities  law,  in
  relation to the New York state design and construction corporation act
  (Part  I);  to  amend  chapter  549  of the laws of 1994, amending the
  public authorities law relating to the membership composition  of  the
  metropolitan  transportation authority board, in relation to extending
  the effectiveness of such provisions (Part J); to amend chapter 53  of
  the laws of 2016 enacting the Aid to Localities Budget, in relation to
  the  office  of  aging  community  services  program and the Wadsworth
  center for laboratories and research program (Part K); to amend  chap-
  ter  53 of the laws of 2016, enacting the Aid to Localities Budget, in
  relation to making technical corrections thereto (Part  L);  to  amend
  chapter  55  of the laws of 2016 enacting the Capital Projects Budget,
  in relation to general  maintenance  and  improvements  for  the  city
  university  of  New  York  and  state university of New York (Part M);
  intentionally omitted (Part N); to amend chapter 91  of  the  laws  of
  2002,  amending  the education law and other laws relating to reorgan-
  ization of the New York city school construction authority,  board  of
  education and community boards, in relation to the effectiveness ther-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12095-01-6

S. 8159                             2

  eof; and to amend chapter 345 of the laws of 2009, amending the educa-
  tion  law and other laws relating to the New York city board of educa-
  tion, chancellor, community councils and community superintendents, in
  relation to the effectiveness thereof; and to amend the education law,
  in  relation to community school district based budgeting and expendi-
  ture reporting (Part O); to amend the education law,  in  relation  to
  the  duties  and powers of charter entities (Part P); and to amend the
  real property actions and proceedings law and the civil  practice  law
  and  rules, in relation to foreclosure proceedings and pre-foreclosure
  notices (Part Q)

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

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through Q. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1. Subsection (eee) of section 606 of the tax law, as added by
section  1  of  part  E  of chapter 60 of the laws of 2016 is relettered
subsection (ggg).
  S 2. Subdivision 16 of section 425 of the real property  tax  law,  as
added  by  section  1  of  part  F of chapter 60 of the laws of 2016, is
renumbered subdivision 15-a and amended to read as follows:
  [(16)] 15-a. DIRECT PAYMENTS. Notwithstanding any provision of law  to
the  contrary,  when  the  commissioner  finds that a property owner was
eligible for the STAR exemption authorized by this section on an assess-
ment roll, but the exemption was not taken into account  in  the  calcu-
lation  of the property owner's school tax bill due to an administrative
error, and the property owner or his or  her  agent  paid  an  excessive
amount of school taxes on the property as a result, the commissioner [of
taxation  and  finance]  is authorized to remit directly to the property
owner the tax savings that the STAR exemption would have yielded if  the
STAR  exemption  had  been taken into account in the calculation of that
taxpayer's school tax bill. The amounts payable under this section shall
be paid from the account established for the payment of STAR benefits to
late registrants pursuant to subparagraph  (iii)  of  paragraph  (a)  of
subdivision  fourteen  of  this  section.  Where such a payment has been
made, neither the property owner nor his or her agent shall be  entitled
to  a  refund of the excessive amount of school taxes paid on account of
the administrative error.
  S 3. Paragraph (c) of subdivision 11 of section 425 of the real  prop-
erty tax law, as added by section 1 of part B of chapter 389 of the laws
of 1997, is amended to read as follows:

S. 8159                             3

  (c) Transfers of title. When the assessor has received a report pursu-
ant  to section five hundred seventy-four of this [article] CHAPTER of a
transfer of title to real property which  is  exempt  pursuant  to  this
section, the assessor shall [send the new owner or owners as shown ther-
eon an application for the exemption authorized by this section] DISCON-
TINUE  THE EXEMPTION AS REQUIRED BY SUBDIVISION SIXTEEN OF THIS SECTION.
The assessor shall not implement the provisions of section five  hundred
twenty  of  this chapter upon such a transfer, except to the extent that
the property may also be receiving one or more other exemptions.
  S 4. Paragraph (c) of subdivision 6 of section 425 of the real proper-
ty tax law, as amended by chapter 570 of the laws of 1998, is amended to
read as follows:
  (c) Senior citizens exemption.  When  property  is  eligible  for  the
senior citizens exemption authorized by section four hundred sixty-seven
of this article, it shall also be deemed to be eligible for the enhanced
exemption  authorized  by  this  section  for  certain  senior citizens,
provided, where applicable, that the age requirement  established  by  a
municipal  corporation  pursuant  to  subdivision  five  of section four
hundred sixty-seven of this article is satisfied, and no separate appli-
cation need be filed therefor. PROVIDED, HOWEVER, THAT THE PROVISIONS OF
THIS PARAGRAPH SHALL ONLY APPLY WHERE AT LEAST  ONE  OF  THE  APPLICANTS
HELD  TITLE TO THE PROPERTY ON THE TAXABLE STATUS DATE OF THE ASSESSMENT
ROLL THAT WAS USED TO LEVY SCHOOL DISTRICT TAXES FOR  THE  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN SCHOOL YEAR AND THE PROPERTY WAS GRANTED
AN EXEMPTION PURSUANT TO THIS SECTION ON SUCH ASSESSMENT ROLL.
  S 5. Subdivision 16 of section 425 of the real property  tax  law,  as
added  by  section  2  of  part  A of chapter 60 of the laws of 2016, is
amended to read as follows:
  16. Transition to personal  income  tax  credit.  (a)  Beginning  with
assessment rolls used to levy school district taxes for the two thousand
sixteen--two  thousand  seventeen  school  year,  no  application for an
exemption under this section may be [filed or] approved unless at  least
one  of  the applicants held title to the property on the taxable status
date of the assessment roll that was used to levy school district  taxes
for  the  two thousand fifteen--two thousand sixteen school year and the
property was granted an exemption  pursuant  to  this  section  on  that
assessment  roll.  In  the event that an application is submitted to the
assessor that cannot be approved due to this restriction,  the  assessor
shall notify the applicant that he or she is required by law to deny the
application,  but  that,  in lieu of a STAR exemption, the applicant may
claim the personal income tax credit authorized by subsection  (eee)  of
section  six hundred six of the tax law if eligible, and that the appli-
cant may contact the department of  taxation  and  finance  for  further
information. The commissioner shall provide a form for assessors to use,
at their option, when making this notification. No STAR exemption may be
granted  on  the  basis  of an application that is not approvable due to
this restriction.
  (b) WHERE PROPERTY RECEIVED AN EXEMPTION PURSUANT TO THIS  SECTION  ON
AN  ASSESSMENT ROLL USED TO LEVY SCHOOL DISTRICT TAXES FOR THE TWO THOU-
SAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, AND AT LEAST ONE OF  ITS
OWNERS  HELD  TITLE  TO  THE PROPERTY ON THE TAXABLE STATUS DATE OF SUCH
ASSESSMENT ROLL, THE EXEMPTION SHALL CONTINUE TO BE  GRANTED  ON  SUBSE-
QUENT ASSESSMENT ROLLS WITHOUT REGARD TO THE PROVISIONS OF THIS SUBDIVI-
SION  AS  LONG AS ALL APPLICABLE REQUIREMENTS OF THIS SECTION ARE SATIS-
FIED. IN ADDITION, SUCH EXEMPTION SHALL BE SUBJECT  TO  MODIFICATION  AS
FOLLOWS:

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  (I)  A  BASIC  STAR  EXEMPTION  SHALL  BE  CHANGED TO AN ENHANCED STAR
EXEMPTION IF THE OWNERS AND SPOUSES PRIMARILY RESIDING ON  THE  PROPERTY
FILE  A  TIMELY APPLICATION SHOWING THAT THEIR AGES AND INCOMES MEET THE
REQUIREMENTS OF SUBDIVISION FOUR OF THIS SECTION.
  (II)  AN  ENHANCED  STAR  EXEMPTION  SHALL  BE CHANGED TO A BASIC STAR
EXEMPTION IF THE COMBINED INCOME OF THE  OWNERS  AND  SPOUSES  PRIMARILY
RESIDING  ON  THE  PROPERTY INCREASES ABOVE THE LIMIT SET BY SUBDIVISION
FOUR OF THIS SECTION, SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (III) OF
THIS PARAGRAPH, PROVIDED THAT IF THEIR COMBINED INCOME FALLS  BELOW  THE
LIMIT  SET  BY  SUBDIVISION  FOUR  OF  THIS SECTION IN THE FUTURE, THEIR
ENHANCED STAR EXEMPTION MAY BE RESUMED UPON TIMELY APPLICATION.
  (III) A STAR EXEMPTION SHALL BE DISCONTINUED IF THE COMBINED INCOME OF
THE OWNERS AND SPOUSES PRIMARILY  RESIDING  ON  THE  PROPERTY  INCREASES
ABOVE  THE LIMIT SET BY SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT
IF THEIR INCOME FALLS  BELOW  SUCH  LIMIT  IN  THE  FUTURE,  THEIR  STAR
EXEMPTION MAY BE RESUMED UPON TIMELY APPLICATION.
  (IV)  A STAR EXEMPTION SHALL BE PERMANENTLY DISCONTINUED IF THE OWNERS
FAIL TO SATISFY THE APPLICABLE RESIDENCY OR  OWNERSHIP  REQUIREMENT,  OR
BOTH.
  (C)  If  the  owners  of a parcel that is receiving the STAR exemption
authorized by this section want to claim the personal income tax  credit
authorized by subsection (eee) of section six hundred six of the tax law
in  lieu of such exemption, they all must renounce that exemption in the
manner provided by section four hundred ninety-six of this chapter,  and
must pay any required taxes, interest and penalties, on or before Decem-
ber  thirty-first  of  the taxable year for which they want to claim the
credit. Any such renunciation shall be irrevocable.
  (D) NOTWITHSTANDING THE  FOREGOING  PROVISIONS  OF  THIS  SUBDIVISION,
WHERE  A PROPERTY SERVED AS THE PRIMARY RESIDENCE OF A MARRIED COUPLE ON
THE TAXABLE STATUS DATE OF THE ASSESSMENT ROLL THAT  WAS  USED  TO  LEVY
SCHOOL DISTRICT TAXES FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL  YEAR,  BUT ONLY ONE OF THE SPOUSES HELD TITLE TO THE PROPERTY ON
THAT TAXABLE STATUS DATE, AND THAT SPOUSE HAS SINCE DIED AND HIS OR  HER
INTEREST  IN  THE  PROPERTY  HAS  BEEN INHERITED BY HIS OR HER SURVIVING
SPOUSE, THE SURVIVING SPOUSE SHALL BE ENTITLED TO APPLY FOR AND  RECEIVE
AN  EXEMPTION  UNDER THIS SECTION TO THE SAME EXTENT AS IF HE OR SHE HAD
HELD TITLE TO THE PROPERTY ON THAT TAXABLE STATUS DATE.
  [(c)] (E) The provisions of this subdivision shall apply to all appli-
cations for STAR exemptions beginning with assessment rolls used to levy
school district taxes for the two thousand sixteen--two thousand  seven-
teen  school year, including those submitted prior to the effective date
of this subdivision. If any application was approved prior to the effec-
tive date of this subdivision that is  not  approvable  hereunder,  such
approval shall be deemed void, and the assessor shall provide the appli-
cant  with  the  notice  required  by paragraph (a) of this subdivision,
PROVIDED THAT IF A STAR EXEMPTION IS GRANTED ON  A  TENTATIVE  OR  FINAL
ASSESSMENT  ROLL  OR TAX ROLL ON THE BASIS OF AN APPLICATION THAT IS NOT
APPROVABLE HEREUNDER, THE ASSESSOR, OR OTHER LOCAL OFFICIAL OR OFFICIALS
HAVING CUSTODY AND CONTROL  OF  SUCH  ROLL,  IS  HEREBY  AUTHORIZED  AND
DIRECTED  TO  REMOVE SUCH EXEMPTION FROM SUCH ROLL WITHOUT REGARD TO THE
PROVISIONS OF TITLE THREE OF ARTICLE FIVE OF THIS CHAPTER OR ANY  COMPA-
RABLE  LAWS GOVERNING THE CORRECTION OF ADMINISTRATIVE ERRORS ON ASSESS-
MENT ROLLS AND TAX ROLLS, NOTWITHSTANDING ANY PROVISION OF  LAW  TO  THE
CONTRARY. If an application was submitted prior to the effective date of
this  subdivision  but  is  not  approvable hereunder, the applicant may
apply for advance payment of the personal income tax  credit  authorized

S. 8159                             5

by  subsection  (eee)  of section six hundred six of the tax law for the
two thousand sixteen taxable year, if eligible, in the  manner  provided
by  paragraph  ten of such subsection, [notwithstanding the time limita-
tions  contained  in  that  paragraph] EVEN IF THE PROPERTY WAS ACQUIRED
PRIOR TO JANUARY FIRST OF THE TAXABLE YEAR.
  S 6. Subdivision 3 of section 520 of the real  property  tax  law,  as
amended  by  section  4  of part A of chapter 60 of the laws of 2016, is
amended to read as follows:
  3. For purposes of any fiscal year or years during which title to such
property is transferred, such property shall  be  deemed  to  have  been
omitted  and  the assessed value thereof shall be entered on the assess-
ment roll to be used for the next tax levy  by  or  for  each  municipal
corporation  in  which  such  property  is located in the same manner as
provided by title three of article five of this chapter with respect  to
a  parcel  omitted  from the assessment roll of the previous year. A pro
rata tax shall be  extended  against  the  property  for  the  unexpired
portion  of  each  fiscal year. Such real property shall be taxed at the
tax rate or tax rates for the fiscal  year  during  which  the  transfer
occurred. The amount of tax or taxes levied pursuant to this subdivision
shall  be  deducted  from the aggregate amount of taxes to be levied for
the fiscal year immediately succeeding the fiscal year during which  the
transfer  occurred[;  provided,  however,  that  where  the  property is
receiving a school tax relief (STAR)  exemption  authorized  by  section
four  hundred  twenty-five  of  this  chapter, the portion of the tax or
taxes levied that equals the recovered STAR tax savings shall be applied
to reduce the amount of aid payable to the school district under  subdi-
vision three of section thirteen hundred six-a of this chapter].
  S  7. Subdivision 6 of section 1306-a of the real property tax law, as
added by section 5 of part A of chapter 60  of  the  laws  of  2016,  is
amended to read as follows:
  6. When the commissioner determines, at least thirty days prior to the
levy  of  school  district taxes, that an advance credit of the personal
income tax credit authorized by subsection (eee) of section six  hundred
six  of  the  tax law will be provided to the owners of a parcel in that
school district, he or she shall so  notify  the  ASSESSOR,  THE  COUNTY
DIRECTOR  OF  REAL  PROPERTY  TAX  SERVICES,  AND THE authorities of the
school district, who shall cause a statement to be  placed  on  the  tax
bill  for  the  parcel  in  substantially  the  following  form: "A STAR
[reimbursement] check of $     will be mailed to you  upon  issuance  by
the  NYS  Tax  Department[.]". The commissioner shall [advice the school
district authorities] ADVISE SUCH OFFICIALS of the amount to be  entered
therein.  Notwithstanding  any  provision of law to the contrary, in the
event that the parcel in question had been granted a STAR  exemption  on
the  assessment  roll upon which school district taxes are to be levied,
such exemption shall be deemed null and void, SHALL BE REMOVED FROM  THE
ASSESSMENT  ROLL, and shall be disregarded when the parcel's tax liabil-
ity is determined.  THE ASSESSOR OR OTHER LOCAL  OFFICIAL  OR  OFFICIALS
HAVING  CUSTODY  AND  CONTROL  OF  THE DATA FILE USED TO GENERATE SCHOOL
DISTRICT TAX ROLLS AND TAX BILLS SHALL BE  AUTHORIZED  AND  DIRECTED  TO
CHANGE  SUCH FILE AS NECESSARY TO ENABLE THE SCHOOL DISTRICT AUTHORITIES
TO DISCHARGE THE DUTIES IMPOSED UPON THEM BY THIS SUBDIVISION.
  S 8. Subsection (eee) of section 606 of  the  tax  law,  as  added  by
section  6  of  part  A of chapter 60 of the laws of 2016, is amended to
read as follows:
  (eee) School tax relief (STAR) credit. (1) Definitions.  For  purposes
of this subsection:

S. 8159                             6

  (A) "Qualified taxpayer" means a resident individual of the state, who
maintained  his or her primary residence in this state on December thir-
ty-first of the taxable year, AND who was an owner of that  property  on
that  date,  [who  cannot  receive  the  STAR exemption on that property
either because (i) he or she is precluded from filing an application for
the  STAR exemption on that property pursuant to paragraph (a) of subdi-
vision sixteen of section four hundred twenty-five of the real  property
tax  law, or because (ii) he or she has irrevocably renounced his or her
claim to such exemption in conjunction with all other owners pursuant to
paragraph (b) of such subdivision, and who is  required  or  chooses  to
file  a  return  under  this article.] PROVIDED HOWEVER:  (I) A taxpayer
whose primary residence received a STAR  exemption  for  the  associated
fiscal  year  [that  commenced  after the acquisition of such residence]
shall not be considered  a  qualified  taxpayer  for  purposes  of  this
subsection.
  (II) AN INDIVIDUAL MAY BE CONSIDERED A QUALIFIED TAXPAYER WITH RESPECT
TO NO MORE THAN ONE PRIMARY RESIDENCE DURING ANY GIVEN TAXABLE YEAR.
  (III) IF A RESIDENT INDIVIDUAL WAS AN OWNER OF THE PROPERTY DURING THE
TAXABLE  YEAR BUT DID NOT OWN IT ON DECEMBER THIRTY-FIRST OF THE TAXABLE
YEAR, HE OR SHE SHALL BE CONSIDERED A QUALIFIED TAXPAYER IF THE PROPERTY
WAS HIS OR HER PRIMARY RESIDENCE DURING THE TAXABLE YEAR AND HE  OR  SHE
PAID  QUALIFYING  TAXES  ON  THAT  PROPERTY WHILE HE OR SHE WAS STILL AN
OWNER OF THAT PROPERTY.
  (IV) IF A RESIDENT  INDIVIDUAL  HAS  ACQUIRED  OWNERSHIP  OF  PROPERTY
DURING  A TAXABLE YEAR, SUCH RESIDENT INDIVIDUAL SHALL NOT BE CONSIDERED
A QUALIFIED TAXPAYER FOR THAT TAXABLE YEAR TO THE EXTENT THAT AN ADVANCE
PAYMENT OF THE CREDIT FOR THAT TAXABLE YEAR HAS BEEN ISSUED TO THE PRIOR
OWNER WITH RESPECT TO THE SAME PROPERTY, UNLESS SUCH RESIDENT INDIVIDUAL
CAN DEMONSTRATE THAT HE OR SHE PAID QUALIFYING TAXES  ON  SUCH  PROPERTY
DURING THE TAXABLE YEAR, AND THAT THE PRIOR OWNER DID NOT.
  (B)  "Affiliated  income"  shall  mean  FOR PURPOSES OF THE BASIC STAR
CREDIT, the combined income of all of  the  owners  of  the  parcel  who
resided  primarily  thereon  as  of December thirty-first of the taxable
year, and of any owners' spouses residing primarily thereon as  of  such
date,  AND FOR PURPOSES OF THE ENHANCED STAR CREDIT, THE COMBINED INCOME
OF ALL OF THE OWNERS OF THE PARCEL AS OF DECEMBER  THIRTY-FIRST  OF  THE
TAXABLE  YEAR,  AND OF ANY OWNERS' SPOUSES RESIDING PRIMARILY THEREON AS
OF SUCH DATE; provided that FOR  BOTH  PURPOSES  the  income  to  be  so
combined  shall  be  the "adjusted gross income" for the taxable year as
reported for federal income tax purposes, or that would be  reported  as
adjusted gross income if a federal income tax return were required to be
filed,  reduced  by  distributions,  to  the  extent included in federal
adjusted gross income, received from an  individual  retirement  account
and  an  individual  retirement annuity.   PROVIDED FURTHER, THAT IF THE
QUALIFIED TAXPAYER WAS AN OWNER OF THE PROPERTY DURING THE TAXABLE  YEAR
BUT  DID  NOT  OWN IT ON DECEMBER THIRTY-FIRST OF THE TAXABLE YEAR, THEN
THE DETERMINATION AS TO WHETHER THE INCOME OF AN  INDIVIDUAL  SHOULD  BE
INCLUDED IN "AFFILIATED INCOME" SHALL BE BASED UPON THE OWNERSHIP AND/OR
RESIDENCY  STATUS  OF  THAT  INDIVIDUAL AS OF THE FIRST DAY OF THE MONTH
DURING WHICH THE QUALIFIED TAXPAYER CEASED TO BE AN OWNER OF THE PROPER-
TY, RATHER THAN AS OF DECEMBER THIRTY-FIRST OF THE TAXABLE YEAR.
  (C) "Associated fiscal year" means the  school  district  fiscal  year
that  began  on July first of the taxable year or, in the case of a city
school district that is subject to article fifty-two  of  the  education
law, the city fiscal year that began on July first of the taxable year.
  (D) "Owner" means:

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  (i)  a  person who owns a parcel in fee simple absolute or as a tenant
in common, a joint tenant or a tenant by the entirety,
  (ii) an owner of a present interest in a parcel under a life estate,
  (iii) a vendee in possession under an installment contract of sale,
  (iv) a beneficial owner under a trust,
  (v)  a  tenant-stockholder  of a cooperative apartment corporation who
resides in a portion of real property owned by such  cooperative  apart-
ment  corporation,  to  the  extent  represented  by his or her share or
shares of stock in such  corporation  as  determined  by  its  or  their
proportional  relationship  to the total outstanding stock of the corpo-
ration, including that owned by the corporation,
  (vi) a resident of a farm dwelling that is owned either  by  a  corpo-
ration  of  which  the resident is a shareholder, a partnership of which
the resident is a partner, or by a limited liability  company  of  which
the resident is an owner, or
  (vii)  a  resident  of a dwelling, other than a farm dwelling, that is
owned by a limited partnership of  which  the  resident  is  a  partner,
provided  that  the limited partnership that holds title to the property
does not engage in any commercial activity, that the limited partnership
was lawfully created to hold title solely for estate planning and  asset
protection  purposes,  and  that  the  partner or partners who primarily
reside thereon personally pay all of the real property taxes  and  other
costs associated with the property's ownership.
  (E)  "Qualifying  taxes"  means  the  school  district taxes that were
levied upon the taxpayer's primary residence for the  associated  fiscal
year  that  were  actually paid by the taxpayer during the taxable year;
or, in the case of a city school district that  is  subject  to  article
fifty-two  of  the  education law, the combined city and school district
taxes that were levied upon the taxpayer's  primary  residence  for  the
associated  fiscal  year  that were actually paid by the taxpayer during
the taxable year. In no  case  shall  the  term  "qualifying  taxes"  be
construed to include penalties or interest.
  (F)  "STAR  exemption"  means  the  school tax relief (STAR) exemption
authorized by section four hundred twenty-five of the real property  tax
law.
  (G)  "STAR tax savings" means the tax savings attributable to the STAR
exemption within a portion of a school district, as  determined  by  the
commissioner  pursuant  to  subdivision  two of section thirteen hundred
six-a of the real property tax law.
  (2) Allowance of credit. A qualified taxpayer shall be allowed a cred-
it as provided in paragraph three or four of this subsection,  whichever
is  applicable, against the taxes imposed by this article reduced by the
credits permitted by this article, provided that  the  requirements  set
forth  in the applicable subsection are satisfied. If the credit exceeds
the tax as so reduced for such year under this article, the excess shall
be treated as an overpayment, to be credited or refunded, without inter-
est. If a qualified taxpayer is not required to file a  return  pursuant
to  section  six hundred fifty-one of this article, a qualified taxpayer
may nevertheless receive the full amount of the credit to be credited or
repaid as an overpayment, without interest.
  (3) Determination of basic STAR credit.  (A)  Beginning  with  taxable
years after two thousand fifteen, a basic STAR credit shall be available
to  a  qualified  taxpayer  if  the affiliated income of the parcel that
serves as the taxpayer's primary residence is less than or equal to five
hundred thousand dollars.

S. 8159                             8

  (B) Subject to the provisions of subparagraph (C) of  this  paragraph,
such basic STAR credit shall be the lesser of:
  (i)  the  basic  STAR  tax  savings [applicable to the] FOR THE SCHOOL
DISTRICT PORTION IN WHICH THE taxpayer's primary residence  IS  LOCATED,
or
  (ii) the taxpayer's qualifying taxes.
  (C)  If  the  qualifying taxes paid by the taxpayer constituted only a
portion of the total school district taxes that  were  levied  upon  the
taxpayer's  primary  residence for the associated fiscal year or, in the
case of a city school district that is subject to article  fifty-two  of
the  education law, if the qualifying taxes paid by the taxpayer consti-
tuted only a portion of the total  combined  city  and  school  district
taxes  that  were  levied  upon the taxpayer's primary residence for the
associated fiscal year, the credit allowable to such taxpayer  shall  be
equal  to  the  amount  determined  pursuant to subparagraph (B) of this
paragraph multiplied by the percentage that such portion represents.
  (4) Determination of enhanced STAR credit. (A) Beginning with  taxable
years  after  two  thousand  fifteen,  an  enhanced STAR credit shall be
available to a qualified taxpayer where both of the following conditions
are satisfied:
  (i) All of the owners of the parcel  that  serves  as  the  taxpayer's
primary  residence  are  at least sixty-five years of age as of December
thirty-first of the taxable year or, in the case of property owned by  a
married  couple  or  by siblings, at least one of the owners is at least
sixty-five years of age as of that date. The terms  "siblings"  as  used
herein  shall have the same meaning as set forth in section four hundred
sixty-seven of the real property tax law. In the case of property  owned
by a married couple, one of whom is sixty-five years of age or over, the
credit,  once  allowed,  shall not be disallowed because of the death of
the older spouse so long as the surviving spouse is at  least  sixty-two
years of age as of December thirty-first of the taxable year.
  (ii) The affiliated income of the parcel that serves as the taxpayer's
primary  residence  is less than or equal to the income standard for the
taxable year established  by  the  commissioner  for  the  corresponding
"income  tax  year"  pursuant to clause (C) of subparagraph (i) of para-
graph (b) of subdivision four of section four hundred twenty-five of the
real property tax law for purposes of the enhanced STAR exemption.
  (B) Subject to the provisions of subparagraph (C) of  this  paragraph,
such credit shall be the lesser of:
  (i)  the  enhanced STAR tax savings for the school district portion IN
WHICH THE TAXPAYER'S PRIMARY RESIDENCE IS LOCATED, or
  (ii) the taxpayer's qualifying taxes.
  (C) If the qualifying taxes paid by the taxpayer  constituted  only  a
portion  of  the  total  school district taxes that were levied upon the
taxpayer's primary residence for the associated fiscal year or,  in  the
case  of  a city school district that is subject to article fifty-two of
the education law, if the qualifying taxes paid by the taxpayer  consti-
tuted  only  a  portion  of  the total combined city and school district
taxes that were levied upon the taxpayer's  primary  residence  for  the
associated  fiscal  year, the credit allowable to such taxpayer shall be
equal to the amount determined pursuant  to  subparagraph  (B)  of  this
paragraph multiplied by the percentage that such portion represents.
  (5)  Disqualification.  A  taxpayer  shall  not qualify for the credit
authorized by this subsection if the parcel that serves as  the  taxpay-
er's  primary  residence  received  the STAR exemption on the assessment
roll upon which school district taxes for  the  associated  fiscal  year

S. 8159                             9

where  levied.  Provided,  however,  that  the  taxpayer may remove this
disqualification by renouncing the exemption  and  making  any  required
payments  by  December  thirty-first of the taxable year, as provided by
subdivision  sixteen  of  section  four  hundred twenty-five of the real
property tax law.
  (6) Special cases. (A) In the case of property consisting of a cooper-
ative apartment corporation that is described by paragraph (k) of subdi-
vision two of section four hundred twenty-five of the real property  tax
law,  the  amount  of the credit allowable with respect to a cooperative
apartment shall be equal to  [sixty  percent  of]  the  basic  STAR  tax
savings  for  the  school  district  portion,  or [sixty percent of] the
enhanced STAR tax savings for the school district portion, whichever  is
applicable.  Provided, however, that in the case of a cooperative apart-
ment corporation that is described by subparagraph (iv) of paragraph (k)
of subdivision two of section four hundred twenty-five of the real prop-
erty tax law, the credit allowable with respect to a cooperative  apart-
ment shall be equal to [twenty percent] ONE-THIRD of such amount.
  (B)  In  the  case  of  property  consisting  of a mobile home that is
described in paragraph (1) of subdivision two of  section  four  hundred
twenty-five  of  the  real  property  tax  law, the amount of the credit
allowable with respect to such mobile home shall be  equal  to  [twenty-
five  percent  of]  the  basic  STAR tax savings for the school district
portion, or [twenty-five percent of] the enhanced STAR tax  savings  for
the  school  district  portion,  whichever  is applicable, THAT WOULD BE
APPLIED TO A SEPARATELY ASSESSED PARCEL IN THE SCHOOL  DISTRICT  PORTION
WITH  A  TAXABLE  ASSESSED VALUE EQUAL TO TWENTY THOUSAND DOLLARS MULTI-
PLIED BY THE LATEST STATE EQUALIZATION RATE OR SPECIAL EQUALIZATION RATE
FOR THE ASSESSING UNIT IN WHICH THE MOBILE HOME  IS  LOCATED.  PROVIDED,
HOWEVER,  THAT  IF  THE  COMMISSIONER  IS  IN POSSESSION OF INFORMATION,
INCLUDING BUT NOT LIMITED TO ASSESSMENT RECORDS,  THAT  DEMONSTRATES  TO
THE COMMISSIONER'S SATISFACTION THAT THE TAXPAYER'S MOBILE HOME IS WORTH
MORE  THAN  TWENTY  THOUSAND  DOLLARS,  OR  IF THE TAXPAYER PROVIDES THE
COMMISSIONER WITH SUCH  INFORMATION,  THE  TAXPAYER'S  CREDIT  SHALL  BE
INCREASED  ACCORDINGLY, BUT IN NO CASE SHALL THE CREDIT EXCEED THE BASIC
STAR TAX SAVINGS OR ENHANCED STAR TAX SAVINGS, WHICHEVER IS  APPLICABLE,
FOR THE SCHOOL DISTRICT PORTION.
  (C)  In the case of a primary residence that is located in two or more
school districts, the applicable basic or enhanced STAR tax savings  for
the school district portion shall be determined as follows:
  (i)  determine  the  sum  of the total school district taxes that were
levied upon the taxpayer's primary residence for the  associated  fiscal
year by each of the school districts in which the residence is located;
  (ii)  for  each such school district, divide the total school district
taxes that were levied upon the taxpayer's  primary  residence  by  that
school  district for the associated fiscal year by the sum determined in
clause (i) of this subparagraph. Express the result as a percentage with
two decimal places;
  (iii) for each such school district, multiply  the  percentage  deter-
mined  in clause (ii) of this subparagraph by the basic or enhanced STAR
tax savings for the school district portion,  whichever  is  applicable;
and
  (iv) add the products determined in clause (iii) of this subparagraph.
  (7) Disclosure of incomes. Where the commissioner has denied a taxpay-
er's  claim  for the credit authorized by this subsection in whole or in
part on the grounds that the affiliated income of the parcel in question
exceeds the applicable limit, the commissioner shall have the  authority

S. 8159                            10

to  reveal to that taxpayer the names and incomes of the other taxpayers
whose incomes were  included  in  the  computation  of  such  affiliated
income.
  (8)  Proof of claim. The commissioner may require a qualified taxpayer
to furnish the following information in support of his or her claim  for
credit  under  this  subsection:  affiliated  income,  the  total school
district taxes levied on the property for the associated fiscal year or,
in the case of a city school district that is subject to article  fifty-
two  of  the  education law, the total combined city and school district
taxes levied on the property for the associated fiscal year, the  quali-
fying  taxes paid by the taxpayer, the names and taxpayer identification
numbers of all owners of the property and spouses who  primarily  reside
on the property, the parcel identification number and all other informa-
tion that may be required by the commissioner to determine the credit.
  (9) Returns. [If a qualified taxpayer is not required to file a return
pursuant to section six hundred fifty-one of this article, a claim for a
credit may be taken on a return filed with the commissioner within three
years  from  the time it would have been required that a return be filed
pursuant to such section had the qualified taxpayer had a  taxable  year
ending  on  December thirty-first. Returns under this paragraph shall be
in such form as shall be prescribed by the commissioner, who shall  make
available  such  forms and instructions for filing such returns] WHETHER
OR NOT THE TAXPAYER IS REQUIRED TO FILE A RETURN PURSUANT TO SECTION SIX
HUNDRED FIFTY-ONE OF THIS ARTICLE, THE PROCESS  FOR  REQUESTING  ADVANCE
PAYMENT  OF  SUCH  CREDIT  SHALL BE AS PROVIDED BY PARAGRAPH TEN OF THIS
SUBSECTION.
  (10) Advance payments. (A) The commissioner shall  establish  a  mech-
anism  by  which  a  qualified  taxpayer [who has acquired a new primary
residence between January first and July  first  of  the  taxable  year,
inclusive,] may apply for an advance payment of the credit authorized by
this section, provided that:
  (i)  [Any]  IF  THE  TAXPAYER ACQUIRED A NEW PRIMARY RESIDENCE BETWEEN
JANUARY FIRST AND JULY FIRST OF THE TAXABLE YEAR,  INCLUSIVE,  ANY  such
application  must  be  submitted to the commissioner by the first day of
July of the taxable year, or such later date as may be prescribed by the
commissioner IN ORDER FOR THE TAXPAYER'S PAYMENT TO BE  SUBJECT  TO  THE
PROCESSING SCHEDULE PROVIDED BY SUBPARAGRAPH (B) OF THIS PARAGRAPH, and
  (ii) A qualified taxpayer who fails to apply for an advance payment of
such  credit  [in  a timely manner] BY SUCH DATE may [request] APPLY FOR
and receive such credit  in  the  manner  [otherwise  provided  by  this
section]  PRESCRIBED BY THE COMMISSIONER, PROVIDED THAT SUCH APPLICATION
SHALL BE MADE WITHIN THREE YEARS FROM THE TIME THAT  A  RETURN  FOR  THE
TAXABLE  YEAR WOULD HAVE HAD TO BE FILED PURSUANT TO SECTION SIX HUNDRED
FIFTY-ONE OF THIS ARTICLE. IF APPROVED, SUCH PAYMENT SHALL BE ISSUED  AS
SOON AS IS PRACTICABLE AFTER THE SUBMISSION OF THE APPLICATION BUT SHALL
NOT BE SUBJECT TO THE PROCESSING SCHEDULE PRESCRIBED BY SUBPARAGRAPH (B)
OF THIS PARAGRAPH, AND
  (III)  A  QUALIFIED TAXPAYER WHO HAS APPLIED FOR AN ADVANCE PAYMENT OF
SUCH CREDIT IN A TAXABLE YEAR  MAY  CONTINUE  TO  RECEIVE  SUCH  ADVANCE
PAYMENTS IN FUTURE TAXABLE YEARS WITHOUT REAPPLYING AS LONG AS HE OR SHE
REMAINS ELIGIBLE THEREFOR.
  (B)  On  or before September fifteenth of each year, or as soon there-
after as practicable, the commissioner shall determine  the  eligibility
of  taxpayers for this credit utilizing the information available to him
or her AS OBTAINED FROM THE APPLICATIONS SUBMITTED  ON  OR  BEFORE  JULY
FIRST  OF  THAT  YEAR, OR SUCH LATER DATE AS MAY HAVE BEEN PRESCRIBED BY

S. 8159                            11

THE COMMISSIONER FOR THAT PURPOSE, AND FROM SUCH OTHER  SOURCES  AS  THE
COMMISSIONER  DEEMS  RELIABLE AND APPROPRIATE.  For those taxpayers whom
the commissioner has determined eligible for this  credit,  the  commis-
sioner  shall  advance  a  payment  in the amount specified in paragraph
three, four or six of this subsection,  whichever  is  applicable.  Such
payment shall be issued by September thirtieth of the year the credit is
allowed,  or  as  soon  thereafter  as is practicable. NOTHING CONTAINED
HEREIN SHALL  BE  DEEMED  TO  PRECLUDE  THE  COMMISSIONER  FROM  ISSUING
PAYMENTS AFTER SEPTEMBER THIRTIETH TO QUALIFIED TAXPAYERS WHOSE APPLICA-
TIONS WERE MADE AFTER JULY FIRST OF THAT YEAR, OR SUCH LATER DATE AS MAY
HAVE BEEN PRESCRIBED BY THE COMMISSIONER FOR SUCH PURPOSE.
  (C) A taxpayer who has failed to receive an advance payment that he or
she  believes  was  due  to  him  or her, or who has received an advance
payment that he or she believes is less than the amount that was due  to
him  or  her,  may request payment of the claimed deficiency in a manner
prescribed by the commissioner.
  [(C)] (D) An advance payment  of  credit  provided  pursuant  to  this
subsection that exceeds the taxpayer's qualifying taxes for that taxable
year  shall be added back as tax on the income tax return for that taxa-
ble year.
  [(D)] (E) If the commissioner  determines  after  issuing  an  advance
payment that it was issued in an excessive amount or to an ineligible or
incorrect  party,  the commissioner shall be empowered to utilize any of
the procedures for collection, levy and lien of personal income tax  set
forth  in  this article, any other relevant procedures referenced within
the provisions of this article, and any other law as may be  applicable,
to recoup the improperly issued amount.
  (11)  Administration.  The  provisions  of this article, including the
provisions of sections six hundred fifty-three, six hundred fifty-eight,
and six hundred fifty-nine of this article and the  provisions  of  part
six  of this article relating to procedure and administration, including
the judicial review of the decisions of the commissioner, except so much
of section six hundred eighty-seven of this article that permits a claim
for credit or refund to be filed after the period provided for in  para-
graph nine of this subsection and except sections six hundred fifty-sev-
en, six hundred eighty-eight and six hundred ninety-six of this article,
shall  apply to the provisions of this subsection in the same manner and
with the same force and effect as if the language  of  those  provisions
had  been  incorporated  in  full into this subsection and had expressly
referred to the credit allowed or returns filed under  this  subsection,
except to the extent that any such provision is either inconsistent with
a provision of this subsection or is not relevant to this subsection. As
used in such sections and such part, the term "taxpayer" shall include a
qualified  taxpayer  under  this  subsection  and,  notwithstanding  the
provisions of subsection (e) of section six hundred ninety-seven of this
article, where a qualified taxpayer has protested the denial of a  claim
for  credit  under  this  subsection and the time to file a petition for
redetermination of a deficiency or for refund has not expired, he or she
shall, subject to such conditions as may be  set  by  the  commissioner,
receive such information (A) that is contained in any return filed under
this  article  by  a member of his or her household for the taxable year
for which the credit is claimed, and (B) that the commissioner finds  is
relevant  and  material  to the issue of whether such claim was properly
denied.
  (12) [In the case of a  taxpayer  who  has  itemized  deductions  from
federal  adjusted  gross  income,  and whose federal itemized deductions

S. 8159                            12

include an amount for real estate taxes  paid,  the  New  York  itemized
deduction  otherwise allowable under section six hundred fifteen of this
chapter shall be reduced by the amount of the credit claimed under  this
subsection.] WHEN THE CALCULATION OF ANY OTHER PERSONAL INCOME TAX CRED-
IT IS BASED IN WHOLE OR IN PART UPON THE REAL PROPERTY TAXES PAID BY THE
TAXPAYER,  THE AMOUNT OF REAL PROPERTY TAXES SO PAID SHALL BE REDUCED BY
THE CREDIT AUTHORIZED BY THIS SUBSECTION, IF APPLICABLE, IN  THE  COURSE
OF  PERFORMING  SUCH  CALCULATION.  WHEN  THE  CALCULATION  OF ANY OTHER
PERSONAL INCOME TAX CREDIT IS BASED IN WHOLE OR IN PART UPON AN INDIVID-
UAL'S STATE TAX LIABILITY, THE  CREDIT  AUTHORIZED  BY  THIS  SUBSECTION
SHALL  NOT  BE  TAKEN  INTO ACCOUNT IN THE CALCULATION OF SUCH STATE TAX
LIABILITY. WHEN THE CALCULATION OF A CITY  TAX  SURCHARGE  IS  BASED  IN
WHOLE  OR  IN  PART  UPON THE NET STATE TAX OF AN INDIVIDUAL, THE CREDIT
AUTHORIZED BY THIS SUBSECTION SHALL NOT BE TAKEN  INTO  ACCOUNT  IN  THE
CALCULATION OF SUCH NET STATE TAX.
  S  9.  This act shall take effect immediately; provided, however, that
sections one and two of this act shall be deemed to have  been  in  full
force  and effect on the same date and in the same manner as parts E and
F of chapter 60  of  the  laws  of  2016,  respectively;  and  provided,
further,  that  sections five, six, seven and eight of this act shall be
deemed to have been in full force and effect on the same date and in the
same manner as part A of chapter 60 of the laws of 2016, took effect.

                                 PART B

  Section 1. Paragraph 2 of subsection (g) of section 42 of the tax law,
as added by section 1 of part RR of chapter 60 of the laws of  2016,  is
amended to read as follows:
  (2) Article 22: Section 606, subsection [(eee)] (FFF).
  S 2. Clause (xli) of subparagraph (B) of paragraph 1 of subsection (i)
of section 606 of the tax law, as added by section 3 of part RR of chap-
ter 60 of the laws of 2016, is amended to read as follows:
(xli) Farm workforce retention       Amount of credit under
credit under subsection [(eee)]      subdivision fifty-one of
(FFF)                                section two hundred ten-B
  S  3.  Subsection  (eee)  of  section  606 of the tax law, as added by
section 4 of part RR of chapter 60 of the laws of  2016,  is  relettered
subsection (fff).
  S  4. This act shall take effect immediately and shall be deemed to be
in effect on the same date and with the same effect as part RR of  chap-
ter 60 of the laws of 2016, took effect.

                                 PART C

  Section  1. Paragraph d of subdivision 1 of section 207 of the racing,
pari-mutuel wagering and breeding law, as amended by section 1  of  part
PP of chapter 59 of the laws of 2015, is amended to read as follows:
  d.  The  board,  which  shall  become  effective upon appointment of a
majority of public members, shall terminate [four] FIVE years  from  its
date  of  creation.  [The  board shall propose, no less than one hundred
eighty days prior to its termination, recommendations  to  the  governor
and the state legislature representing a statutory plan for the prospec-
tive  not-for-profit  governing structure of The New York Racing Associ-
ation, Inc.]
  S 2. This act shall take effect immediately.

S. 8159                            13

                                 PART D

  Section  1.  Section  1 of chapter 53 of the laws of 2016 enacting the
Aid to Localities Budget, is amended by repealing the items  hereinbelow
set  forth  in  brackets  and  by adding to such section the other items
underscored in this section.
                          EDUCATION DEPARTMENT
              AID TO LOCALITIES - REAPPROPRIATIONS 2016-17

OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION PROGRAM

  General Fund
  Local Assistance Account - 10000

  FOR NONPUBLIC SCHOOL AID PAYABLE IN THE 2014-15 STATE FISCAL YEAR.
  NOTWITHSTANDING ANY PROVISION  OF  LAW,  RULE  OR  REGULATION  TO  THE
    CONTRARY,  THE  AMOUNT  APPROPRIATED  HEREIN  REPRESENTS THE MAXIMUM
    AMOUNT PAYABLE DURING THE 2014-15 STATE FISCAL YEAR ................
    97,589,000 ............................................ (RE. $7,000)
  FOR AID PAYABLE FOR THE 2012-13 SCHOOL YEAR FOR  ADDITIONAL  NONPUBLIC
    SCHOOL AID. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FUNDS
    APPROPRIATED HEREIN SHALL BE AVAILABLE FOR PAYMENT OF AID HERETOFORE
    ACCRUED AND HEREAFTER TO ACCRUE ... 45,204,000 .... (RE. $3,672,000)
  FOR  ACADEMIC INTERVENTION FOR NONPUBLIC SCHOOLS BASED ON A PLAN TO BE
    DEVELOPED BY THE COMMISSIONER  OF  EDUCATION  AND  APPROVED  BY  THE
    DIRECTOR OF THE BUDGET ... 922,000 .................. (RE. $922,000)
  FOR  SERVICES  AND  EXPENSES OF SAFETY EQUIPMENT FOR NONPUBLIC SCHOOLS
    ... 4,500,000 ..................................... (RE. $4,500,000)
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART E

  Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
section 3614-c of the public health law, as amended by chapter 56 of the
laws of 2016, is amended to read as follows:
  (iv) for all periods on or after April first,  two  thousand  sixteen,
the  cash  portion  of  the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
[(c)] (A) of subdivision one of section six  hundred  fifty-two  of  the
labor  law, whichever is higher. The benefit portion of the minimum rate
of home care aide total compensation shall  be  four  dollars  and  nine
cents.
  S  2.  Subparagraph  (iv) of paragraph (b) of subdivision 3 of section
3614-c of the public health law, as amended by chapter 56 of the laws of
2016, is amended to read as follows:
  (iv) for all periods on or after March first,  two  thousand  sixteen,
the  cash  portion  of  the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
[(c)] (B) of subdivision one of section six  hundred  fifty-two  of  the
labor  law, whichever is higher. The benefit portion of the minimum rate
of home care aide total compensation shall be three dollars and  twenty-
two cents.
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and same  manner  as
chapter 56 of the laws of 2016 took effect.

S. 8159                            14

                                 PART F

  Section 1. Section 11 of chapter 710 of the laws of 1988, amending the
social services law and the education law relating to medical assistance
eligibility  of  certain  persons and providing for managed medical care
demonstration programs, as amended by section 25 of part D of chapter 59
of the laws of 2011, is amended to read as follows:
  S 11.  This  act  shall  take  effect  immediately;  except  that  the
provisions  of sections one, two, three, four, eight and ten of this act
shall take effect on the ninetieth day after it shall have become a law;
and except that the provisions of sections five, six and seven  of  this
act  shall  take effect January 1, 1989; and except that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date; provided, however, that the provisions of section  364-j
of  the  social  services law, as added by section one of this act shall
expire and be deemed repealed on and after March 31,  [2016]  2019,  the
provisions  of  section  364-k  of  the social services law, as added by
section two of this act, except subdivision 10 of  such  section,  shall
expire  and  be  deemed  repealed  on and after January 1, 1994, and the
provisions of subdivision 10 of section 364-k  of  the  social  services
law,  as  added  by  section two of this act, shall expire and be deemed
repealed on January 1, 1995.
  S 2. Notwithstanding the  provisions  of  article  5  of  the  general
construction law, the provisions of section 364-j of the social services
law  are  hereby  revived and shall continue in full force and effect as
they existed on March 30, 2016.
  S 3.  This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after March 30, 2016.

                                 PART G

  Section  1.  1. For the purposes of this act, "responsible entity" and
"project" shall mean the New York  Convention  Center  Operating  Corpo-
ration  with  respect to the Jacob K.  Javits Convention Center project.
"Authorized entity" shall mean the New York Convention  Center  Develop-
ment Corporation with respect to the Jacob K. Javits Convention Center.
  2. In connection with the design, erection, construction, enlargement,
alteration,  improvement,  relocation,  removal,  or  demolition  of any
building or structure constituting all or any part  of  a  project,  the
authorized  entity  may  request that, for purposes of such project, the
dormitory authority act as the construction-permitting  agency  pursuant
to article 18 of the executive law and the regulations promulgated ther-
eunder,  as now existing or hereafter amended. Notwithstanding any other
provision of any other state or local law, rule  or  regulation  to  the
contrary:
  (a)  when  the dormitory authority acts as the construction-permitting
agency for a project or any portion  thereof,  at  the  request  of  the
authorized entity, the dormitory authority may elect, if deemed feasible
and  appropriate,  to  subject  all  or any part of such project and all
buildings and structures constituting all or any part of the project  to
the  requirements  of  the  New  York  City  Construction Codes of 2014,
including but not limited to the Building,  Mechanical,  Plumbing,  Fuel
Gas,  and  Energy Conservation Codes; the New York City Construction and
Maintenance Code of 1968; the New York City Fire Code of 2014;  the  New

S. 8159                            15

York  City  Electrical  Code;  the  New  York City Energy Code; Titles 1
(Department of Buildings), 2 (Board of  Standards  and  Appeals)  and  3
(Fire  Department)  (collectively,  the  "New  York City Codes"), as now
existing  or  hereafter  amended, instead of the requirements of the New
York state uniform fire prevention and building code (the Uniform  Code)
and  the  New  York state energy conservation construction code (the NYS
Energy Code), as now existing or hereafter amended,  for  such  project;
and
  (b) in the event the dormitory authority makes the election authorized
pursuant  to  this subdivision to apply New York City Codes with respect
to all or any portion of a particular project, then notwithstanding  the
fact that such project and all buildings and structures constituting all
or  any part of such project shall be subject to the requirements of the
New York City Codes instead of the requirements of the Uniform Code  and
NYS Energy Code:
  (i) the dormitory authority shall be authorized to:
  (A)  render  such  services for all or any portion of any such project
without approval of any  other  state  department,  agency,  officer  or
office  but  only  as  directly related to the authority granted by this
act; and
  (B) take all reasonably required actions to execute its duties as  the
construction-permitting  agency,  including  without  limitation,  those
required to review, permit and inspect the project and enforce  the  New
York City Codes; and
  (C)  issue a code compliance certificate, certificate of occupancy, or
a temporary approval for occupancy allowing use  and  occupancy  of  the
project or parts thereof after determining such project or parts thereof
complies with the requirements of the New York City Codes; and
  (D)  employ  such  experts  and  consultants  as  shall  reasonably be
required to fulfill its responsibilities as the  construction-permitting
agency; and
  (ii)  the  dormitory  authority shall continue to act as the construc-
tion-permitting agency for such project and for all buildings and struc-
tures constituting all or any part of such project, and shall  determine
that  the  design of any such building and structure (or, if applicable,
the design of any phase or portion of any such  building  or  structure)
complies with the requirements of the New York City Codes before issuing
a  construction  permit  for  such  building  or  structure (or phase or
portion thereof) and shall determine that  such  building  or  structure
(or,  if  applicable,  any  phase  or portion thereof) complies with the
requirements of the New York City Codes before issuing a code compliance
certificate or temporary approval for occupancy  for  such  building  or
structure (or phase or portion thereof); and
  (iii)  upon  written  request  of  the  authorized entity or any other
interested party for a variance or  modification  of  any  provision  or
requirement  of  any one or more of the New York City Codes, the depart-
ment of state shall be authorized to consider the evidence  offered  and
such  other  reports,  studies  and  other information the department of
state may deem appropriate, arrange for the review  of  the  request  by
other  state  agencies  or internal or external experts and consultants,
make findings of fact and conclusions of law, and render a  decision  in
writing  on  such request, granting or denying, in whole or in part, the
requested variance or modification, provided, however, that:
  (A) no such variance or  modification  shall  be  granted  unless  the
applicant  establishes  to  the  satisfaction of the department of state

S. 8159                            16

that granting such variance or modification shall not materially  affect
adversely provisions for health, safety and security; and
  (B)  any  decision to grant a variance or modification, in whole or in
part, shall also be noted on the  applicable  plans  and  specifications
signed and sealed by a professional engineer or architect; and
  (iv) such project and all buildings and structures constituting all or
any  part of such project shall continue to be subject to the provisions
of part 1204 of title 19 of the New York Codes, Rules  and  Regulations,
as  now  existing  and  as hereafter amended (hereinafter referred to as
"Part 1204"); provided, however, that for the purposes of applying  part
1204, all references in part 1204 to the Uniform Code shall be deemed to
be references to the New York City Codes; and
  (v)  no  municipal  corporation  or subdivision thereof shall have the
power to modify or change the plans or specifications for such  project,
or  the  construction,  plumbing,  heating, lighting or other mechanical
branch work necessary to complete the work in question, nor  to  require
that  any  person,  firm  or corporation employed on any such work shall
perform any such work in any other different manner than  that  required
by  such  plans  and specifications, nor to conduct construction-related
inspections, including but not limited to  fire  safety  inspections  or
other  inspections  of  such  project  or  of  any building or structure
constituting all or any part of such project, nor to  issue  notices  of
violation,  orders  to  remedy,  summonses, or other enforcement-related
instruments of any kind relating to any alleged  violation  of  the  New
York  City Codes by such project or any building or structure constitut-
ing all or any part of such project, and  no  condition  or  requirement
whatever may be imposed by any such municipal corporation or subdivision
thereof  in  relation  to  work being done on such project, as such work
shall be under the sole control of the authorized entity  in  accordance
with  the  plans,  specification  and  contracts  in  relation  thereto,
provided that emergency personnel shall have access to the project  site
for  purposes  of  emergency operations, coordination, and preparedness;
and
  (c) the authorized entity shall be responsible  for  reimbursement  to
the  dormitory authority for the costs incurred as the construction-per-
mitting agency for a project and  reimbursement  to  the  department  of
state  for  costs  incurred  in  considering a request for a variance or
modification as contemplated by subparagraph (iii) of paragraph  (b)  of
this  subdivision  for  a project, and such costs shall be a cost of the
project.
  3. Nothing in this act shall prohibit the  responsible  entity  for  a
project  from  negotiating  an  agreement  with the applicable municipal
corporation whereby, upon  completion  of  the  project,  the  municipal
corporation  or  subdivision thereof assumes administration and enforce-
ment of any applicable codes with respect to a project.
  4. Nothing in this section shall prohibit  the  authorized  entity  or
responsible  entity, as the case may be, from utilizing the Uniform Code
and the NYS Energy Code, as now existing or hereafter  amended  for  any
additional work that requires a construction permit.
  S 2. This act shall take effect immediately.

                                 PART H

  Intentionally omitted.

                                 PART I

S. 8159                            17

  Section  1.  Section 1678-a of the public authorities law, as added by
section 1 of part RR of chapter 54 of the laws of 2016,  is  amended  to
read as follows:
  S  1678-a.  New York state design and construction corporation act. 1.
Purposes of  act.  The  purposes  of  the  New  York  state  design  and
construction  corporation act are to establish the New York state design
and construction corporation to provide (a) additional  project  manage-
ment  expertise,  monitoring  and  oversight  on INDIVIDUAL public works
projects each having a total or aggregate construction value  in  excess
of fifty million dollars undertaken by state agencies, state departments
subject to the provisions of this section, and state authorities includ-
ing  one  created by chapter one hundred fifty-four of the laws of nine-
teen hundred twenty-one and one created by chapter eight  hundred  twen-
ty-four  of  the  laws  of  nineteen  hundred  thirty-three herein after
referred to as "state entity"; and (b) a means to implement  and  recom-
mend  improvements and other project changes on such proposed INDIVIDUAL
public works projects in excess of fifty million  dollars  in  total  or
aggregate  value, in a more timely fashion, to ensure that such projects
can be accomplished, to the extent practicable, on time,  within  budget
and at an acceptable overall quality and cost to the state of New York.
  2.  New  York  state design and construction corporation. (a) There is
hereby established the New York state  design  and  construction  corpo-
ration as a subsidiary corporation of the dormitory authority.
  (b)  The  dormitory  authority may provide or lease to such subsidiary
corporation any real, personal or mixed property as shall be required in
order to carry out the purposes of this act.  The authority  may  assign
any  such  employees to work for the corporation as shall be required in
order to carry out the purposes of this section and all  such  employees
shall  retain their respective civil service classifications, seniority,
status, and rights pursuant to their collective bargaining units  and/or
collective  bargaining agreements, as applicable.  ANY EMPLOYEE ASSIGNED
PURSUANT TO THIS SECTION SHALL REMAIN IN HIS OR HER COLLECTIVE  BARGAIN-
ING  UNIT,  AND NO EMPLOYEE SHALL RECEIVE A REDUCTION IN SALARY OR BENE-
FITS DUE TO SUCH ASSIGNMENT. Notwithstanding any provision of law to the
contrary, the term "employee" as set forth in this section shall mean  a
dormitory authority employee assigned, in whole, or in part, to work for
the corporation.
  (c)  Such corporation shall be a body corporate and politic constitut-
ing a public benefit corporation, and shall have all of the  privileges,
immunities, tax exemptions and other exemptions of the dormitory author-
ity to the extent the same are not inconsistent with this section.
  (d)  The  board  of  the corporation shall consist of three members as
designated by the governor, and the governor shall designate  the  chair
from  among  the  members of the corporation's board. The members of the
corporation's board shall serve until such time as his or her  successor
is appointed by the governor.
  (e)  A quorum shall consist of a majority of the members of the board.
A quorum shall be required  for  the  board  to  conduct  business,  and
approval  of  any  matter  properly  before  the board shall require the
affirmative vote of the majority of the board. Meetings  of  the  corpo-
ration  shall  be  called  by the chair, or by a majority of the members
appointed. Meetings shall be held at least bi-annually.
  (f) Nothing in this subdivision  shall  be  construed  to  impose  any
liabilities,  obligations  or  responsibilities of such corporation upon
the dormitory authority, and the authority shall have  no  liability  or

S. 8159                            18

responsibility  therefor unless the authority expressly agrees by resol-
ution of the authority board to assume the same.
  (g) The provisions of section sixteen hundred ninety-one of this title
shall  in all respects apply to members of the corporation and any offi-
cer, employee or agent  of  the  dormitory  authority  [transferred  or]
assigned  to  the corporation, while acting within the scope of his, her
or its authority.
  (h) All of the provisions of sections seventeen and  nineteen  of  the
public  officers law shall apply to the members, directors, officers and
employees of the corporation.
  (i) The corporation created pursuant to this section shall be  subject
to  any  other  provisions of this chapter pertaining to subsidiaries of
public authorities to the extent that such provisions are not inconsist-
ent with the provisions of this section.
  3. Corporation review and oversight of certain public works contracts.
For INDIVIDUAL  public  works  projects  having  a  total  or  aggregate
construction  value  in  excess  of  fifty  million dollars, hereinafter
referred to as "covered projects", and for any and all contracts  relat-
ing to such covered projects which are advertised for bid or proposal or
otherwise  procured  and/or  entered into on or after January first, two
thousand sixteen:
  (a) Any state entity proposing a covered project shall provide written
notice to the corporation of such proposal, to include  without  limita-
tion,  the  estimated  value of the covered project and a summary of the
scope and duration of  such  covered  project.  Projects  shall  not  be
divided  or  segmented  for the purposes of avoiding compliance with the
provisions of this act. For purposes of this section, "covered  project"
shall  not  include capital projects of the office of state comptroller,
office of the attorney general or education department of the  state  of
New York.
  (b)  The corporation shall have the authority to, and may, in its sole
discretion, review, monitor, and oversee, in  whole  or  in  part,  such
covered project, and make recommendations regarding necessary corrective
or  other  action  to  any  state entity in connection with such covered
project provided that the corporation, in  its  sole  discretion,  deems
such covered project to be at risk of being delayed, not being completed
within budget, or not completed at an acceptable level of quality.
  (c)  For  the  purposes of this section, the term "project" shall mean
any work associated with the planning, acquisition, design, engineering,
environmental analysis, construction, reconstruction, restoration, reha-
bilitation, establishment, improvement, renovation,  extension,  repair,
revitalization, management and development of a capital asset as defined
in section two of the state finance law.
  (d)  The state entity undertaking such covered project shall cooperate
in good faith with the corporation, and provide reasonable access to all
personnel, books, records, plans, specifications, data and other  infor-
mation  as  may  be necessary for the corporation to perform its duties.
The corporation shall limit its request for access to  such  information
that  is  reasonably  necessary,  as  determined  by  the corporation to
perform its duties.
  (e) In the event the corporation determines that corrective  or  other
action is necessary for such covered project, then the corporation shall
provide the state entity with written notice of what corrective or other
actions  the  corporation  recommends  as  necessary  to  accomplish the
project, to the extent practicable, on time, within  budget  and  at  an

S. 8159                            19

acceptable  overall  cost  to  the state of New York. Such corrective or
other action may include, but not be limited to:
  (i) Modification of such plans, schedules, specifications, designs and
estimates  of costs for the construction of the project and equipment of
facilities;
  (ii) Detailed analysis of the project schedule so as  to  cure  delays
that may have occurred or prevent future delay;
  (iii) Detailed analysis of project budget;
  (iv)  Detailed  analysis  of  change  orders  and/or payments to prime
contractors, subcontractors and other parties;
  (v)  Detailed  analysis  of  records  of  construction   observations,
inspections and deficiencies;
  (vi)  Exercise  of  applicable  rights and/or remedies with respect to
contracts, contractors, subcontractors or other consultants;
  (vii) Procurement of independent  auditors,  project  managers,  legal
counsel, or other professionals for the benefit of the project;
  (viii)  Regular  reporting  of  project  status  and milestones to the
corporation;
  (ix) Active project management review and  oversight  utilizing  addi-
tional resources provided by the corporation; and
  (x) Periodic project review and audit by the corporation on a suitable
time interval determined by the corporation.
  The state entity undertaking the project shall have a period of thirty
days,  or shorter if the corporation determines that a shorter period is
required by the circumstances or longer  if  the  corporation  consents,
from receipt of written notice of recommended corrective action from the
corporation,  to  notify the corporation in writing of its acceptance or
rejection of the corrective or other action. In the event that the state
entity rejects any corrective or other action, in whole or in  part,  it
shall provide simultaneous written notice to the corporation accompanied
by  a  reasoned  explanation in support of its rejection. Such rejection
shall be reported to the secretary to the governor and the  director  of
the  division of budget within fifteen days of its receipt by the corpo-
ration.
  (f) Any state entity proposing  a  covered  project  shall  include  a
summary  of  the  provisions of this section in all such proposal and/or
bid documents for such projects.
  4. General powers and duties of the corporation. (a)  The  corporation
shall have the power to:
  (i) Sue and be sued;
  (ii) Have a seal and alter the same at pleasure;
  (iii) Make and alter by-laws for its organization and internal manage-
ment and make rules and regulations governing same;
  (iv)  [Appoint]  ASSIGN  such officers and employees from the officers
and employees of the authority, as it may require for the performance of
its duties and, FOR THOSE OFFICERS AND EMPLOYEES WHO ARE NOT REPRESENTED
BY A RECOGNIZED EMPLOYEE ORGANIZATION, fix and  determine  their  quali-
fications, duties, and compensation[, and retain];
  (V) RETAIN or employ counsel, auditors, private financial consultants,
professional engineers or other technical consultants and other services
on  a  contract  basis  or otherwise, for the rendering of professional,
business or technical services and advice;
  [(v)] (VI) Make and execute contracts and all other instruments neces-
sary or convenient for the exercise of its powers  and  functions  under
this section;

S. 8159                            20

  [(vi)]  (VII) Engage the services of private consultants on a contract
basis for rendering professional and technical assistance advice  relat-
ing to covered projects;
  [(vii)]  (VIII)  Procure insurance against any loss in connection with
its activities, properties and other assets, in  such  amount  and  from
such insurance as it deems desirable; and
  [(viii)] (IX) Invest any funds of the corporation, or any other monies
under  its  custody  and  control  not  required  for  immediate  use or
disbursement, at the discretion of the corporation,  in  obligations  of
the  state  or the United States government or obligations the principal
and interest of which are obligations in which the  comptroller  of  the
state  is  authorized  to invest pursuant to section ninety-eight of the
state finance law.
  (b) The corporation may do any and all things  necessary  [or  conven-
ient]  to  carry  out  and exercise the powers given and granted by this
section.
  (c) Notwithstanding any other provision of law, to the  contrary,  all
state  entities  and their officers shall cooperate with the corporation
in good faith and may implement the recommendations of the corporation.
  S 2. This act shall take effect immediately, provided,  however,  that
the  amendments  to section 1678-a of the public authorities law made by
section one of this act shall not affect the repeal of such section  and
shall be deemed repealed therewith.

                                 PART J

  Section  1. Section 3 of chapter 549 of the laws of 1994, amending the
public authorities law relating to the  membership  composition  of  the
metropolitan  transportation  authority board, as amended by chapter 576
of the laws of 2011, is amended to read as follows:
  S 3. This act shall take effect January 1, 1995 and shall  expire  and
be  deemed  repealed  on  June  30,  [2016]  2020 and upon such date the
provisions of law amended by this act shall revert to and be read as  if
the provisions of this act had not been enacted.
  S 2. This act shall take effect immediately.

                                 PART K

  Section  1.  Section 1 of chapter 53 of the laws of 2016, enacting the
Aid to Localities Budget, is amended by repealing the items  hereinbelow
set  forth  in  brackets  and  by adding to such section the other items
underscored in this section.
                       AID TO LOCALITIES   2016-17

                          OFFICE FOR THE AGING

COMMUNITY SERVICES PROGRAM ................................. 248,848,000
                                                          --------------

  General Fund
  Local Assistance Account - 10000

For services and expenses of [Jewish  Commu-
  nity  Center  of Hillcrest, Inc] HILLCREST
  JEWISH CENTER, INC. ............................ 100,000

S. 8159                            21

                    DEPARTMENT OF HEALTH

WADSWORTH CENTER FOR LABORATORIES AND RESEARCH PROGRAM ...... 14,304,400
                                                          --------------

  General Fund
  Local Assistance Account - 10000

For  services  and expenses [for a statewide
  campaign to promote awareness of  donating
  umbilical  cord  blood  to  a  public cord
  blood bank.  A  portion  or  all  of  this
  appropriation  may be transferred to state
  operations] OF UPSTATE UNIVERSITY HOSPITAL
  - UPSTATE CORD BLOOD BANK ...................... 300,000
                                            --------------

  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART L

  Section  1.  That part of section 1 of chapter 53 of the laws of 2016,
enacting the Aid to Localities Budget, is amended by repealing the  date
hereinbelow  set  forth  in  brackets and by adding the date underscored
below.
                       AID TO LOCALITIES   2016-17

                          EDUCATION DEPARTMENT

OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
  PROGRAM ............................................... 30,363,782,000
                                                          --------------

  General Fund
  Local Assistance Account - 10000

Notwithstanding  any  inconsistent provision
  of law, no school district shall be eligi-
  ble  for  an  apportionment   of   general
  support  for public schools from the funds
  appropriated for the 2016-17  school  year
  in  excess  of  the  amount apportioned to
  such school district in the base year,  as
  defined  in  subdivision 1 of section 3602
  of the education law, unless  such  school
  district  has submitted documentation that
  has been approved by the  commissioner  of
  education  by [September 1] DECEMBER 31 of
  the current year demonstrating that it has
  fully implemented the standards and proce-
  dures for conducting  annual  teacher  and
  principal   evaluations  of  teachers  and
  principals in accordance with the require-
  ments of section 3012-d of  the  education
  law  and  the  regulations  issued  by the

S. 8159                            22

  commissioner. Provided  further  that  any
  apportionment  withheld  pursuant  to this
  appropriation shall  not  occur  prior  to
  April  1 of the current year and shall not
  have any effect on the  base  year  calcu-
  lation  for  use  in the subsequent school
  year.

  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART M

  Section  1.  Section  1 of chapter 55 of the laws of 2016 enacting the
Capital Projects Budget, as amended by section 3 of chapter  53  of  the
laws of 2016, is amended by adding to such section the items underscored
in this section.
                       CITY UNIVERSITY OF NEW YORK
         (APPROPRIATED TO THE CITY UNIVERSITY CONSTRUCTION FUND)
                             SENIOR COLLEGES

                       CAPITAL PROJECTS   2016-17

GENERAL MAINTENANCE AND IMPROVEMENTS (CCP)

  Capital Projects Funds - Other
  Capital Projects Fund
  Administration Purpose

FOR ADDITIONAL SERVICES AND EXPENSES RELATED
  TO ALTERATIONS AND IMPROVEMENTS TO VARIOUS
  FACILITIES FOR CAPITAL PROJECTS, INCLUDING
  BUT   NOT   LIMITED   TO  CAPITAL  DESIGN,
  CONSTRUCTION, ACQUISITION, RECONSTRUCTION,
  REHABILITATION, AND EQUIPMENT; FOR  HEALTH
  AND  SAFETY,  PRESERVATION  OF FACILITIES,
  PROGRAM  IMPROVEMENT  OR  PROGRAM  CHANGE,
  ENVIRONMENTAL PROTECTION, ENERGY CONSERVA-
  TION,  ACCREDITATION,  FACILITIES  FOR THE
  PHYSICALLY DISABLED, PREVENTATIVE  MAINTE-
  NANCE   AND  RELATED  PROJECTS,  INCLUDING
  COSTS INCURRED PRIOR TO APRIL 1, 2016  AND
  SUBJECT  TO A PLAN DEVELOPED AND SUBMITTED
  BY THE CITY UNIVERSITY OF NEW  YORK  BOARD
  OF  TRUSTEES  AND APPROVED BY THE DIRECTOR
  OF THE BUDGET (30051650) .................... 20,000,000

                      STATE UNIVERSITY OF NEW YORK
        (APPROPRIATED TO THE STATE UNIVERSITY CONSTRUCTION FUND)

                       CAPITAL PROJECTS   2016-17

GENERAL MAINTENANCE AND IMPROVEMENTS (CCP)

Capital Projects Funds - Other
  Capital Projects Fund

S. 8159                            23

  Preservation of Facilities Purposes

FOR ADDITIONAL SERVICES AND EXPENSES RELATED
  TO ALTERATIONS AND IMPROVEMENTS TO VARIOUS
  FACILITIES FOR CAPITAL PROJECTS, INCLUDING
  BUT  NOT LIMITED TO SERVICES AND EXPENSES,
  SERVICE AGREEMENTS  OR  SERVICE  CONTRACTS
  AND  MEMORANDA OF UNDERSTANDING; FOR CAPI-
  TAL DESIGN INCLUDING THE COST OF  SERVICES
  PROVIDED BY PRIVATE FIRMS, INCLUDING PREP-
  ARATION  OF DESIGNS, PLANS, SPECIFICATIONS
  AND ESTIMATES; FOR  PROPERTY  ACQUISITION,
  FACILITY   CONSTRUCTION,   RECONSTRUCTION,
  REHABILITATION, EQUIPMENT; FOR HEALTH  AND
  SAFETY   IMPROVEMENTS   AND   UPGRADES  TO
  PRESERVE OR ENHANCE FACILITY  FUNCTIONING;
  FOR   PROGRAM   IMPROVEMENTS   OR  PROGRAM
  CHANGE; TO SUPPORT IMPROVEMENTS  IN  TECH-
  NOLOGY,       RESEARCH,      ENVIRONMENTAL
  PROTECTION, ENERGY AND RESOURCE  CONSERVA-
  TION,  AND ACCREDITATION; TO FINANCE COSTS
  ATTRIBUTABLE TO EXECUTIVE  ORDER  88,  ADA
  AND  CODE  COMPLIANCE NEEDS, CLAIMS, EMER-
  GENCIES AND REMEDIATION  OF  ENVIRONMENTAL
  HAZARDS;  TO  ENSURE  THE FUNCTIONALITY OF
  MAJOR BUILDING SYSTEMS SUCH AS FIRE ALARMS
  AND  SPRINKLERS,  ELECTRICAL,  MECHANICAL,
  PLUMBING,   HEATING/COOLING   SYSTEMS  AND
  SUPPORTING    INFRASTRUCTURE,    INCLUDING
  UNDERGROUND  UTILITIES; AND TO PROVIDE FOR
  FACILITIES FOR THE  DISABLED  AND  RELATED
  PROJECTS INCLUDING COSTS INCURRED PRIOR TO
  APRIL  1, 2016 SUBJECT TO A PLAN DEVELOPED
  BY THE STATE UNIVERSITY OF  NEW  YORK  AND
  APPROVED  BY  THE  DIRECTOR  OF THE BUDGET
  (28F31603) .................................. 30,000,000

                     PROJECT SCHEDULE
PROJECT                                             AMOUNT
----------------------------------------------------------
                                    (THOUSANDS OF DOLLARS)
ALBANY
  CAMPUS-WIDE PROJECTS ............................. 1,400
ALFRED CERAMICS
  CAMPUS-WIDE PROJECTS ............................... 100
ALFRED STATE
  CAMPUS-WIDE PROJECTS ............................... 350
BINGHAMTON
  CAMPUS-WIDE PROJECTS ............................. 1,550
BROCKPORT
  CAMPUS-WIDE PROJECTS ............................... 850
BROOKLYN HEALTH SCIENCE CENTER (HSC)
  CAMPUS-WIDE PROJECTS ............................... 550
BUFFALO COLLEGE
  CAMPUS-WIDE PROJECTS ............................. 1,000
BUFFALO UNIVERSITY

S. 8159                            24

  CAMPUS-WIDE PROJECTS ............................. 2,550
CANTON
  CAMPUS-WIDE PROJECTS ............................... 250
COBLESKILL
  CAMPUS-WIDE PROJECTS ............................... 300
CORNELL
  CAMPUS-WIDE PROJECTS ............................. 1,400
CORTLAND
  CAMPUS-WIDE PROJECTS ............................... 700
DELHI
  CAMPUS-WIDE PROJECTS ............................... 300
EMPIRE STATE
  CAMPUS-WIDE PROJECTS ................................ 50
ENVIRONMENTAL SCIENCE AND FORESTRY
  CAMPUS-WIDE PROJECTS ............................... 350
FARMINGDALE
  CAMPUS-WIDE PROJECTS ............................... 700
FREDONIA
  CAMPUS-WIDE PROJECTS ............................... 550
GENESEO
  CAMPUS-WIDE PROJECTS ............................... 550
MARITIME
  CAMPUS-WIDE PROJECTS ............................... 250
MORRISVILLE
  CAMPUS-WIDE PROJECTS ............................... 350
NEW PALTZ
  CAMPUS-WIDE PROJECTS ............................... 700
OLD WESTBURY
  CAMPUS-WIDE PROJECTS ............................... 350
ONEONTA
  CAMPUS-WIDE PROJECTS ............................... 600
OPTOMETRY
  CAMPUS-WIDE PROJECTS ............................... 150
OSWEGO
  CAMPUS-WIDE PROJECTS ............................... 900
PLATTSBURGH
  CAMPUS-WIDE PROJECTS ............................... 600
POTSDAM
  CAMPUS-WIDE PROJECTS ............................... 600
PURCHASE
  CAMPUS-WIDE PROJECTS ............................... 650
STATE UNIV PLAZA
  CAMPUS-WIDE PROJECTS ............................... 250
STONY  BROOK,  INCL  HEALTH  SCIENCE  CENTER
  (HSC) AND LONG ISLAND STATE VETERANS HOME:
  CAMPUS-WIDE PROJECTS ............................. 3,100
SYRACUSE HEALTH SCIENCE CENTER (HSC)
  CAMPUS-WIDE PROJECTS ............................... 500
SUNY POLYTECHNIC
  CAMPUS-WIDE PROJECTS ............................... 150
UNIVERSITY-WIDE ALTERATIONS AND IMPROVEMENTS
  MAINTENANCE UNDISTRIBUTED
FOR UNIVERSITY-WIDE CAPITAL  PROJECT  COSTS,
  INCLUDING  COSTS ATTRIBUTABLE TO EXECUTIVE
  ORDER 88; ADA AND CODE COMPLIANCE  CLAIMS;
  ENVIRONMENTAL  HAZARDS; EMERGENCIES HEALTH

S. 8159                            25

  AND SAFETY, AND ENERGY CONSERVATION NEEDS,
  ASBESTOS AND PCB REMEDIATION; FIRE  ALARMS
  AND  SPRINKLERS;  ELECTRICAL,  MECHANICAL,
  PLUMBING  AND  HEATING  AND COOLING SYSTEM
  REQUIREMENTS  AND  OTHER   UNIVERSITY-WIDE
  NEEDS ............................................ 2,850
UNIVERSITY-WIDE ALTERATIONS AND IMPROVEMENTS
  MAINTENANCE UNDISTRIBUTED
FOR PRIORITY CAPITAL PROJECTS ...................... 4,500
                                            --------------
  TOTAL ........................................... 30,000
                                            ==============

  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same  date  and  in  the  same
manner as chapter 55 of the laws of 2016 took effect.

                                 PART N

  Intentionally omitted.

                                 PART O

  Section  1. Section 34 of chapter 91 of the laws of 2002, amending the
education law and other laws relating to reorganization of the New  York
city  school  construction  authority,  board of education and community
boards, as amended by section 1 of subpart D of part B of chapter 20  of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2016]  2017  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2016] 2017 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.

S. 8159                            26

  S 2. Subdivision 12 of section 17 of chapter 345 of the laws of  2009,
amending  the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
and be deemed repealed June 30, [2016] 2017.
  S 3.  The education law is amended by adding a new section 2590-r-1 to
read as follows:
  S  2590-R-1. COMMUNITY SCHOOL DISTRICT BASED BUDGETING AND EXPENDITURE
REPORTING.   NOTWITHSTANDING ANY  PROVISION  OF  LAW  TO  THE  CONTRARY,
COMMENCING WITH THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR AND THEREAFTER, NO FEWER THAN FIFTEEN DAYS AFTER THE RELEASE OF THE
EXECUTIVE BUDGET OF THE CITY OF NEW YORK BY THE MAYOR OF THE CITY OF NEW
YORK,  THE  CHANCELLOR  SHALL PROVIDE TO THE CITY COUNCIL AND SHALL MAKE
PUBLICLY AVAILABLE AND ON THE DISTRICT WEBSITE A DETAILED  STATEMENT  OF
THE  TOTAL FUNDING ALLOCATION FOR EACH COMMUNITY SCHOOL DISTRICT FOR THE
SCHOOL BUDGET YEAR. AFTER THE CLOSE OF THE PRECEDING  FISCAL  YEAR,  AND
PRIOR  TO  PRESENTATION OF THE FOLLOWING YEAR'S SCHOOL BUDGET, THE CHAN-
CELLOR SHALL PROVIDE TO THE CITY COUNCIL AND SHALL MAKE PUBLICLY  AVAIL-
ABLE AND ON THE DISTRICT WEBSITE A DETAILED STATEMENT OF THE TOTAL FUND-
ING  ALLOCATION  FOR  EACH  COMMUNITY  SCHOOL DISTRICT FOR THE PRECEDING
SCHOOL BUDGET YEAR. SUCH STATEMENTS SHALL BE IN A FORM DEVELOPED BY  THE
DIRECTOR OF THE BUDGET.
  S 4. This act shall take effect immediately.

                                 PART P

  Section  1.    Section 355 of the education law is amended by adding a
new subdivision 2-a to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE,  OR  REGULATION
TO THE CONTRARY, THE STATE UNIVERSITY TRUSTEES CHARTER SCHOOL COMMITTEE,
AS A CHARTER ENTITY, ARE FURTHER AUTHORIZED AND EMPOWERED, TO PROMULGATE
REGULATIONS  WITH  RESPECT  TO  GOVERNANCE,  STRUCTURE AND OPERATIONS OF
CHARTER SCHOOLS FOR WHICH  THEY  ARE  THE  CHARTER  ENTITY  PURSUANT  TO
SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS CHAPTER.
  S  2.  Section  2851  of  the education law is amended by adding a new
subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW, RULE  OR  REGULATION  TO  THE
CONTRARY FOR A PERIOD OF ONE YEAR FROM THE EFFECTIVE DATE OF THIS SUBDI-
VISION, A CHARTER SCHOOL APPROVED BY A CHARTER ENTITY LISTED IN SUBDIVI-
SION  THREE  OF THIS SECTION MAY APPLY AT ANY TIME DURING THIS PERIOD TO
ANOTHER CHARTER ENTITY, DEFINED IN PARAGRAPH (A), (B) OR (C) OF SUBDIVI-
SION THREE OF THIS SECTION TO REQUEST SUCH OTHER CHARTER ENTITY TO OVER-
SEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL  STANDARDS  AND  REQUIREMENTS
ESTABLISHED  IN  THE  ORIGINAL  CHARTER AGREEMENT SHALL REMAIN IN EFFECT
UNTIL THE SCHEDULED EXPIRATION OF SUCH CHARTER  AGREEMENT  AND  PROVIDED
HOWEVER  THAT  ALL OBLIGATIONS OF THE PREVIOUS CHARTER ENTITY TO OVERSEE
AND SUPERVISE A CHARTER SCHOOL SHALL  TERMINATE  UPON  THE  TRANSFER  OF
AUTHORIZATION OF SUCH CHARTER SCHOOL TO A NEW CHARTER ENTITY, AS DEFINED
IN  SUBDIVISION  FIVE  OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS
ARTICLE, AND THE PREVIOUS CHARTER ENTITY SHALL PROVIDE IN A TIMELY FASH-
ION INFORMATION RELEVANT TO THE CHARTER AS REQUESTED BY SUCH OTHER CHAR-

S. 8159                            27

TER ENTITY. A CHARTER SCHOOL THAT SEEKS TO  CHANGE  ITS  CHARTER  ENTITY
MUST  HAVE  MET  ALL OTHER REQUIREMENTS OF THIS ARTICLE AND CANNOT BE IN
VIOLATION OF ANY LEGAL REQUIREMENT, IN PROBATIONARY  STATUS,  OR  SLATED
FOR CLOSURE.
  S 3. This act shall take effect immediately.

                                 PART Q

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1308 to read as follows:
  S  1308.  INSPECTING,  SECURING  AND  MAINTAINING VACANT AND ABANDONED
RESIDENTIAL REAL PROPERTY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
THE CONTRARY, THE FOLLOWING SUBDIVISIONS  OF  THIS  SECTION  SHALL  ONLY
APPLY  TO VACANT AND ABANDONED ONE TO FOUR FAMILY RESIDENTIAL REAL PROP-
ERTY, AND ANY DUTIES AND RESPONSIBILITIES SO PRESCRIBED BY THIS  SECTION
SHALL ONLY APPLY TO THE FIRST LIEN MORTGAGE HOLDER. VACANT AND ABANDONED
RESIDENTIAL  REAL PROPERTY SHALL BE DEFINED PURSUANT TO SECTION THIRTEEN
HUNDRED NINE OF THIS ARTICLE.  FOR EACH CALENDAR YEAR THIS SECTION SHALL
NOT APPLY TO STATE OR FEDERALLY CHARTERED BANKS, SAVINGS BANKS,  SAVINGS
AND  LOAN  ASSOCIATIONS,  OR  CREDIT  UNIONS  WHICH: (1) ORIGINATE, OWN,
SERVICE AND MAINTAIN THEIR MORTGAGES OR A PORTION THEREOF; AND (2)  HAVE
LESS  THAN  THREE-TENTHS  OF ONE PERCENT OF THE TOTAL LOANS IN THE STATE
WHICH THEY EITHER ORIGINATE, OWN, SERVICE, OR MAINTAIN FOR THE  CALENDAR
YEAR  ENDING DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR ENDING TWO YEARS
PRIOR TO THE CURRENT CALENDAR YEAR. FOR ANY STATE OR FEDERALLY CHARTERED
BANKS, SAVINGS BANKS, SAVINGS AND LOAN ASSOCIATIONS,  OR  CREDIT  UNIONS
WHICH  ORIGINATE,  OWN, SERVICE AND MAINTAIN BETWEEN THREE-TENTHS OF ONE
PERCENT AND FIVE-TENTHS OF ONE PERCENT OF THE TOTAL LOANS IN  THE  STATE
WHICH  THEY EITHER ORIGINATE, OWN, SERVICE, OR MAINTAIN FOR THE CALENDAR
YEAR ENDING DECEMBER THIRTY-FIRST OF THE CALENDAR YEAR ENDING TWO  YEARS
PRIOR  TO  THE  CURRENT  CALENDAR  YEAR, THE APPLICATION OF THIS SECTION
SHALL BE PROSPECTIVE ONLY.
  1. SUBJECT TO BANKRUPTCY FILINGS, CEASE AND DESIST ORDERS, THREATS  OF
VIOLENCE,  OR  ACTIVE  LOSS  MITIGATION EFFORTS, WITHIN NINETY DAYS OF A
BORROWER'S DELINQUENCY, THE SERVICER AUTHORIZED TO ACCEPT PAYMENT OF THE
LOAN SHALL COMPLETE AN EXTERIOR INSPECTION OF THE  SUBJECT  PROPERTY  TO
DETERMINE OCCUPANCY. THEREAFTER, THROUGHOUT THE DELINQUENCY OF THE LOAN,
THE  SERVICER SHALL CONDUCT AN EXTERIOR INSPECTION OF THE PROPERTY EVERY
TWENTY-FIVE TO THIRTY-FIVE DAYS, AT DIFFERENT TIMES OF THE DAY.
  2. IF A BORROWER IS DELINQUENT AND  SUBJECT  TO  PROPERTY  INSPECTIONS
PURSUANT  TO  SUBDIVISION ONE OF THIS SECTION, THE SERVICER SHALL SECURE
AND MAINTAIN THE RESIDENTIAL  REAL  PROPERTY  PURSUANT  TO  SUBDIVISIONS
THREE, FOUR, FIVE, SIX, AND SEVEN OF THIS SECTION WHERE THE SERVICER HAS
A  REASONABLE  BASIS  TO  BELIEVE  THAT THE RESIDENTIAL REAL PROPERTY IS
VACANT AND ABANDONED, AS DEFINED IN SECTION  THIRTEEN  HUNDRED  NINE  OF
THIS CHAPTER, AND IS NOT OTHERWISE RESTRICTED FROM ACCESSING THE PROPER-
TY.
  3.  WITHIN  SEVEN  BUSINESS  DAYS  OF DETERMINING THAT THE PROPERTY IS
VACANT AND ABANDONED BASED ON THE CRITERIA SET FORTH IN SUBDIVISION  TWO
OF  THIS SECTION, THE SERVICER SHALL POST A NOTICE ON AN EASILY ACCESSI-
BLE PART OF THE PROPERTY THAT WOULD BE REASONABLY VISIBLE TO THE BORROW-
ER, PROPERTY OWNER OR OCCUPANT, AND MONITOR THE PROPERTY FOR ANY  CHANGE
IN  OCCUPANCY  OR CONTACT WITH THE BORROWER, PROPERTY OWNER OR OCCUPANT,
AND MONITOR TO ENSURE THAT THE NOTICE REMAINS POSTED SO LONG AS THE DUTY
TO MAINTAIN APPLIES. THE POSTED NOTICE SHALL PROVIDE THE SERVICER'S TOLL
FREE NUMBER OR SIMILAR CONTACT INFORMATION.

S. 8159                            28

  4. IF THE POSTED NOTICE IS NOT RESPONDED  TO  OR  PERSISTS  FOR  SEVEN
CONSECUTIVE  CALENDAR  DAYS  WITHOUT CONTACT WITH THE BORROWER, PROPERTY
OWNER OR OCCUPANT INDICATING THAT THE PROPERTY IS NOT  VACANT  OR  ABAN-
DONED,  OR  IF  AN  EMERGENT  PROPERTY  CONDITION  THAT COULD REASONABLY
DAMAGE, DESTROY OR HARM THE PROPERTY ARISES, THE SERVICER SHALL:
  (A) IN CASES WHERE THE PROPERTY CONTAINS TWO OR MORE POINTS OF INGRESS
OR  EGRESS,  REPLACE  NO  MORE  THAN ONE DOOR LOCK TO PROVIDE SUBSEQUENT
ACCESS TO THE PROPERTY;
  (B) SECURE, REPLACE OR BOARD UP BROKEN DOORS AND WINDOWS;
  (C) SECURE ANY PART OF THE PROPERTY THAT MAY BE DEEMED  AN  ATTRACTIVE
NUISANCE  INCLUDING,  BUT  NOT  LIMITED  TO,  A WATER FEATURE THAT COULD
CREATE A DROWNING RISK, REFRIGERATOR  OR  FREEZER  UNITS,  OUTBUILDINGS,
WELLS OR SEPTIC TANKS;
  (D)  TAKE REASONABLE MEASURES TO ENSURE THAT PIPES, DUCTS, CONDUCTORS,
FANS AND BLOWERS DO NOT DISCHARGE HARMFUL GASES, STEAM, VAPOR, HOT  AIR,
GREASE, SMOKE, ODORS OR OTHER GASEOUS OR PARTICULATE WASTE DIRECTLY UPON
ABUTTING  OR  ADJACENT  PUBLIC  OR  PRIVATE  PROPERTY OR THAT OF ANOTHER
TENANT;
  (E) WHERE APPROPRIATE, WINTERIZE THE APPLICABLE PLUMBING  AND  HEATING
SYSTEMS;
  (F)  PROVIDE  BASIC  UTILITIES  INCLUDING,  BUT NOT LIMITED TO, WATER,
ELECTRICITY, NATURAL GAS, PROPANE AND SEWER SERVICE, AS APPROPRIATE  AND
WHEN  ALLOWED  BY  THE  LOCAL  UTILITY PROVIDER, THAT ARE NEEDED FOR THE
OPERATION OF A SUMP PUMP OR DEHUMIDIFIER,  OR  WHEN  THERE  ARE  JOINTLY
OWNED OR SHARED UTILITIES WITH ADJOINING PROPERTIES OR UNITS, EXCEPT FOR
TURNING  OFF  WATER  SERVICE  TO  PREVENT FLOODING OR WATER LEAKS IN THE
PROPERTY, OR WHEN OTHER UTILITY SERVICE COULD REASONABLY CREATE A HAZARD
TO THE PROPERTY OR AN UNAUTHORIZED OCCUPANT OR PERSON ENTERING THE PROP-
ERTY;
  (G) REMOVE AND REMEDIATE ANY SIGNIFICANT  HEALTH  AND  SAFETY  ISSUES,
INCLUDING OUTSTANDING CODE VIOLATIONS;
  (H) TAKE REASONABLE MEASURES TO PREVENT THE GROWTH OF HARMFUL MOLD;
  (I)  RESPOND  TO  GOVERNMENT  INQUIRIES  REGARDING PROPERTY CONDITION,
SUBJECT TO RESTRICTIONS REGARDING FINANCIAL PRIVACY; AND
  (J) ENSURE THAT THE NOTICE REQUIRED TO BE POSTED IN SUBDIVISION  THREE
OF THIS SECTION REMAINS POSTED ON AN EASILY ACCESSIBLE PART OF THE PROP-
ERTY THAT WOULD BE REASONABLY VISIBLE TO THE BORROWER, PROPERTY OWNER OR
OCCUPANT SO LONG AS THE DUTY TO MAINTAIN APPLIES.
  5. AT NO TIME SHALL A SERVICER REMOVE PERSONAL PROPERTY FROM THE PROP-
ERTY UNLESS:
  (A) THE PERSONAL PROPERTY POSES A SIGNIFICANT HEALTH AND SAFETY ISSUE;
OR
  (B) THERE IS AN UNCONTESTED ORDER TO DO SO BY A GOVERNMENTAL ENTITY.
  6. A SERVICER WHO HAS DETERMINED A PROPERTY TO BE VACANT AND ABANDONED
AND WHO HAS SECURED THE SAME SHALL TAKE REASONABLE AND NECESSARY ACTIONS
TO MAINTAIN THE PROPERTY UNTIL THE EARLIER OF THE FOLLOWING EVENTS:
  (A) AN OCCUPANT OF THE PROPERTY HAS ASSERTED HIS OR HER RIGHT TO OCCU-
PY  THE PROPERTY, OR THE SERVICER OR ITS AGENTS HAVE RECEIVED THREATS OF
VIOLENCE;
  (B) THE BORROWER HAS FILED FOR BANKRUPTCY;
  (C) A COURT HAS ORDERED THE SERVICER TO STOP ANY  MAINTENANCE  OF  THE
PROPERTY;
  (D)  A HOMEOWNERS' ASSOCIATION OR COOPERATIVE HAS PREVENTED THE SERVI-
CER FROM GAINING ACCESS TO OR MAINTAINING THE PROPERTY;
  (E) THE PROPERTY HAS BEEN SOLD OR TRANSFERRED TO A NEW OWNER;

S. 8159                            29

  (F) THE SERVICER OR INVESTOR SUBJECT TO THE PROVISIONS OF THIS SECTION
HAS RELEASED THE LIEN ON THE PROPERTY; OR
  (G) THE MORTGAGE NOTE HAS BEEN ASSIGNED, TRANSFERRED OR SOLD TO ANOTH-
ER SERVICER.
  7.  REASONABLE AND NECESSARY ACTIONS TO MAINTAIN THE PROPERTY INCLUDE,
BUT ARE NOT LIMITED TO:
  (A) ENSURING THAT THE PROPERTY REMAINS SECURE PURSUANT TO SUBDIVISIONS
FOUR, FIVE AND SIX OF THIS SECTION; AND
  (B) MAINTAINING PROPERTY IN A MANNER CONSISTENT WITH THE STANDARDS SET
FORTH IN SECTIONS 301, 302 (EXCLUDING 302.2, 302.6  AND  302.8),  304.1,
304.3,  304.7,  304.10, 304.12, 304.13, 304.15, 304.16, 307.1, AND 308.1
OF THE NEW YORK PROPERTY MAINTENANCE CODE, TO THE EXTENT THAT THE  MORT-
GAGE  SERVICER  OR  ITS  AGENTS ARE ABLE TO OBTAIN NECESSARY OR REQUIRED
PERMITS OR APPROVALS.
  8. (A) VIOLATIONS OF THIS SECTION MAY BE HEARD BEFORE A HEARING  OFFI-
CER  OR  A  COURT  OF  COMPETENT JURISDICTION. IF IT SHALL APPEAR TO THE
SATISFACTION OF THE HEARING OFFICER OR THE COURT, BASED ON  THE  PREPON-
DERANCE  OF THE EVIDENCE, THAT THE MORTGAGEE OR AGENT OF A MORTGAGEE HAS
VIOLATED THIS SECTION, A CIVIL PENALTY MAY  BE  ISSUED  BY  THE  HEARING
OFFICER OR THE COURT IN THE AMOUNT OF UP TO FIVE HUNDRED DOLLARS PER DAY
PER PROPERTY FOR EACH DAY THE VIOLATION PERSISTED.
  (B)  THE  SUPERINTENDENT OF FINANCIAL SERVICES MAY, AS APPROPRIATE AND
IN HIS OR HER SOLE DISCRETION, PURSUE ANY SUSPECTED  VIOLATION  OF  THIS
SECTION.  BEFORE  TAKING  SUCH ACTION, THE SUPERINTENDENT SHALL GIVE THE
LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER AT LEAST SEVEN  DAYS'  NOTICE
OF THE VIOLATION.
  (C)  IN  ADDITION TO THE AUTHORITY GRANTED TO THE DEPARTMENT OF FINAN-
CIAL SERVICES, THE MUNICIPALITY IN WHICH SUCH RESIDENTIAL REAL  PROPERTY
IS LOCATED, SHALL HAVE THE RIGHT TO ENFORCE THE OBLIGATIONS DESCRIBED IN
THIS SECTION IN ANY COURT OF COMPETENT JURISDICTION AFTER AT LEAST SEVEN
DAYS'  NOTICE  TO THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER, UNLESS
THE PROPERTY REQUIRES EMERGENCY REPAIRS TO ADDRESS A  THREAT  TO  PUBLIC
HEALTH,  SAFETY OR WELFARE, IN WHICH CASE THE MUNICIPALITY MAY ENTER AND
MAINTAIN THE PROPERTY TO CURE THE EMERGENCY,  PROVIDED  HOWEVER,  NOTICE
SHALL  BE  PROVIDED TO THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER AS
SOON AS PRACTICABLE.  ANY MUNICIPALITY ACTING PURSUANT TO THIS  SUBDIVI-
SION SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT JURISDICTION
AGAINST  THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER TO RECOVER COSTS
INCURRED AS A RESULT OF MAINTAINING  THE  PROPERTY.  SUCH  ENTITY  SHALL
PROVIDE  THE  DEPARTMENT  OF  FINANCIAL  SERVICES WITH WRITTEN NOTICE AT
LEAST TEN DAYS PRIOR TO BRINGING AN ACTION PURSUANT TO THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT FAILURE TO COMPLY WITH THIS  NOTICE  REQUIREMENT
SHALL  NOT BE A DEFENSE TO THE ENTITY PROCEEDING PURSUANT TO THIS SUBDI-
VISION. THE AUTHORITY PROVIDED BY THIS SUBDIVISION SHALL BE IN  ADDITION
TO,  AND  SHALL  NOT  BE DEEMED TO DIMINISH OR REDUCE, ANY RIGHTS OF THE
PARTIES DESCRIBED IN THIS SECTION UNDER EXISTING LAW AGAINST THE MORTGA-
GOR OF SUCH PROPERTY FOR FAILURE TO MAINTAIN SUCH PROPERTY.   ANY  CIVIL
PENALTY  IMPOSED  PURSUANT  TO  PARAGRAPH  (A) OF THIS SUBDIVISION IN AN
ACTION BROUGHT BY A MUNICIPALITY PURSUANT TO  THIS  PARAGRAPH  SHALL  BE
RETAINED BY SUCH MUNICIPALITY.
  (D)  THE  DEPARTMENT OF FINANCIAL SERVICES IS AUTHORIZED AND EMPOWERED
TO ADOPT SUCH RULES AND REGULATIONS AS  MAY,  IN  THE  JUDGMENT  OF  THE
SUPERINTENDENT  OF  FINANCIAL  SERVICES,  BE NECESSARY FOR THE EFFECTIVE
IMPLEMENTATION,  ADMINISTRATION,  OPERATION  AND  ENFORCEMENT  OF   THIS
SECTION.

S. 8159                            30

  9. A SERVICER WHO PEACEFULLY ENTERS A VACANT AND ABANDONED PROPERTY IN
ORDER  TO MAINTAIN PURSUANT TO THIS SECTION SHALL BE IMMUNE FROM LIABIL-
ITY WHEN SUCH SERVICER IS MAKING REASONABLE EFFORTS TO COMPLY  WITH  THE
STATUTE.
  10.  THE PROVISIONS OF THIS SECTION ARE SUBJECT TO FEDERAL LAWS, COURT
ORDERS AND INVESTOR AND INSURER GUIDELINES.
  11.   FOR ALL STATE  OR  FEDERALLY  CHARTERED  BANKS,  SAVINGS  BANKS,
SAVINGS AND LOAN ASSOCIATIONS, CREDIT UNIONS, OR SERVICERS FOR WHICH THE
PROVISIONS  OF  THIS SECTION DO NOT APPLY, PURSUANT TO THE OPENING PARA-
GRAPH OF THIS SECTION, ANY AGREEMENT BETWEEN  SUCH  STATE  OR  FEDERALLY
CHARTERED  BANKS,  SAVINGS  BANKS, SAVINGS AND LOAN ASSOCIATIONS, CREDIT
UNIONS, OR SERVICERS AND THE DEPARTMENT OF FINANCIAL  SERVICES  THAT  IS
ASSOCIATED WITH THE MAINTENANCE AND REPAIR OF VACANT AND ABANDONED PROP-
ERTY  SHALL  REMAIN  IN FULL FORCE AND EFFECT BETWEEN THE AFOREMENTIONED
PARTIES FOR SO LONG AS THE TERMS AND CONDITIONS OF SUCH AGREEMENT REMAIN
IN EFFECT.
  12. THE DEPARTMENT OF FINANCIAL SERVICES SHALL ISSUE  SUCH  RULES  AND
REGULATIONS  NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO RULES AND REGULATIONS PERTAINING TO THE REPORTING  OF
FINANCIAL  INFORMATION  THAT STATE OR FEDERALLY CHARTERED BANKS, SAVINGS
BANKS, SAVINGS AND LOAN ASSOCIATIONS, OR CREDIT UNIONS MUST  PROVIDE  TO
IMPLEMENT THIS SECTION.
  13.  NO  LOCAL  LAW,  ORDINANCE,  OR RESOLUTION SHALL IMPOSE A DUTY TO
MAINTAIN VACANT AND ABANDONED PROPERTY AS DEFINED  IN  SECTION  THIRTEEN
HUNDRED  NINE  OF  THIS  ARTICLE  IN  A  MANNER  INCONSISTENT  WITH  THE
PROVISIONS OF THIS SECTION THAT ARE RELATED TO MAINTENANCE  AS  PROVIDED
UNDER  SUBDIVISIONS THREE, FOUR, FIVE, SIX AND SEVEN OF THIS SECTION, OR
ESTABLISH RELATED PENALTIES NOR OTHER MONETARY OBLIGATIONS, WITH RESPECT
TO A STATE OR FEDERALLY CHARTERED BANK, SAVINGS BANK, SAVINGS  AND  LOAN
ASSOCIATION OR CREDIT UNION THAT ORIGINATES, OWNS, SERVICES OR MAINTAINS
A MORTGAGE RELATED TO SUCH PROPERTY.
  NO LOCAL LAW, ORDINANCE, OR RESOLUTION SHALL IMPOSE A DUTY TO MAINTAIN
VACANT  AND  ABANDONED  PROPERTY  UPON  ANY STATE OR FEDERALLY CHARTERED
BANK, SAVINGS BANK, SAVINGS AND LOAN ASSOCIATION OR  CREDIT  UNION  THAT
ORIGINATES, OWNS, SERVICES OR MAINTAINS A MORTGAGE RELATED TO SUCH PROP-
ERTY  FOR  WHICH THE PROVISIONS OF THIS SECTION, PURSUANT TO THE OPENING
PARAGRAPH OF THIS SECTION, DO NOT APPLY.
  S 2. Rule 3408 of the civil practice law and rules, as added by  chap-
ter  472  of the laws of 2008, subdivision (a) as amended by chapter 306
of the laws of 2013, subdivisions (d), (e), (f), (g) and (h) as added by
chapter 507 of the laws of 2009, is amended to read as follows:
  Rule 3408. Mandatory settlement conference in residential  foreclosure
actions.    (a)  In  any residential foreclosure action involving a home
loan as such term is defined in section thirteen  hundred  four  of  the
real  property  actions and proceedings law, in which the defendant is a
resident of the property subject to foreclosure,  plaintiff  shall  file
proof  of service within twenty days of such service, however service is
made, and the court shall hold a mandatory conference within sixty  days
after  the  date when proof of service upon such defendant is filed with
the county clerk, or on such adjourned date as has been agreed to by the
parties, for the purpose of holding settlement discussions pertaining to
the relative rights and obligations of the parties  under  the  mortgage
loan  documents,  including,  but not limited to: 1. determining whether
the parties can reach  a  mutually  agreeable  resolution  to  help  the
defendant avoid losing his or her home, and evaluating the potential for
a  resolution  in  which payment schedules or amounts may be modified or

S. 8159                            31

other workout options may be agreed to, [and  for]  INCLUDING,  BUT  NOT
LIMITED  TO,  A  LOAN MODIFICATION, SHORT SALE, DEED IN LIEU OF FORECLO-
SURE, OR ANY OTHER LOSS MITIGATION OPTION; OR 2. whatever other purposes
the court deems appropriate.
  (b)  At  the  initial  conference  held  pursuant to this section, any
defendant currently appearing pro se, shall be deemed  to  have  made  a
motion  to  proceed as a poor person under section eleven hundred one of
this chapter. The court shall determine whether such permission shall be
granted pursuant to standards set forth in section eleven hundred one of
this chapter. If the court appoints defendant counsel pursuant to subdi-
vision (a) of section eleven hundred  two  of  this  chapter,  it  shall
adjourn  the  conference to a date certain for appearance of counsel and
settlement discussions pursuant to subdivision (a) of this section,  and
otherwise shall proceed with the conference.
  (c) At any conference held pursuant to this section, the plaintiff AND
THE DEFENDANT shall appear in person or by counsel, and [if appearing by
counsel,  such  counsel]  EACH  PARTY'S REPRESENTATIVE AT THE CONFERENCE
shall be fully authorized to dispose of the case. [The  defendant  shall
appear  in  person or by counsel.] If the defendant is appearing pro se,
the court shall advise the defendant of the nature of the action and his
or her rights and responsibilities as a  defendant.  Where  appropriate,
the  court may permit a representative of the plaintiff OR THE DEFENDANT
to attend the settlement conference telephonically or  by  video-confer-
ence.
  (d)  Upon  the  filing  of  a request for judicial intervention in any
action pursuant to this section, the court shall send either a  copy  of
such  request  or the defendant's name, address and telephone number (if
available) to a housing counseling agency or agencies on a  list  desig-
nated  by the division of housing and community renewal for the judicial
district in which the defendant resides. Such information shall be  used
by  the designated housing counseling agency or agencies exclusively for
the purpose of making the homeowner  aware  of  housing  counseling  and
foreclosure prevention services and options available to them.
  (e) The court shall promptly send a notice to parties advising them of
the  time  and  place  of  the settlement conference, the purpose of the
conference and the requirements of this section. The notice shall be  in
a  form  prescribed  by  the  office of court administration, or, at the
discretion of the office of  court  administration,  the  administrative
judge of the judicial district in which the action is pending, and shall
advise  the  parties  of the documents that they [should] SHALL bring to
the conference.
  1. For the plaintiff, such documents [should] SHALL include,  but  are
not  limited  to, (I) the payment history[,]; (II) an itemization of the
amounts needed to cure and pay off the loan[, and]; (III)  the  mortgage
and  note  OR  COPIES OF THE SAME; (IV) STANDARD APPLICATION FORMS AND A
DESCRIPTION OF LOSS MITIGATION OPTIONS, IF ANY, WHICH MAY  BE  AVAILABLE
TO  THE  DEFENDANT;  AND  (V)  ANY  OTHER  DOCUMENTATION REQUIRED BY THE
PRESIDING JUDGE.  If the plaintiff is not the owner of the mortgage  and
note, the plaintiff shall provide the name, address and telephone number
of  the  legal  owner  of the mortgage and note.  FOR CASES IN WHICH THE
LENDER OR ITS SERVICING AGENT HAS EVALUATED OR IS EVALUATING ELIGIBILITY
FOR HOME LOAN MODIFICATION PROGRAMS OR OTHER LOSS MITIGATION OPTIONS, IN
ADDITION TO THE DOCUMENTS LISTED ABOVE,  THE  PLAINTIFF  SHALL  BRING  A
SUMMARY  OF  THE  STATUS OF THE LENDER'S OR SERVICING AGENT'S EVALUATION
FOR SUCH MODIFICATIONS OR  OTHER  LOSS  MITIGATION  OPTIONS,  INCLUDING,
WHERE  APPLICABLE, A LIST OF OUTSTANDING ITEMS REQUIRED FOR THE BORROWER

S. 8159                            32

TO COMPLETE ANY MODIFICATION APPLICATION, AN EXPECTED DATE OF COMPLETION
OF  THE  LENDER'S  OR  SERVICER  AGENT'S   EVALUATION,   AND,   IF   THE
MODIFICATION(S)  WAS  DENIED,  A  DENIAL  LETTER  OR  ANY OTHER DOCUMENT
EXPLAINING THE REASON(S) FOR DENIAL AND THE DATA INPUT FIELDS AND VALUES
USED IN THE NET PRESENT VALUE EVALUATION. IF THE MODIFICATION WAS DENIED
ON  THE  BASIS OF AN INVESTOR RESTRICTION, THE PLAINTIFF SHALL BRING THE
DOCUMENTARY EVIDENCE WHICH PROVIDES THE BASIS FOR THE DENIAL, SUCH AS  A
POOLING AND SERVICING AGREEMENT.
  2.  For  the defendant, such documents [should] SHALL include, but are
not limited to, [proof of current income such as the two most recent pay
stubs, most recent tax return and most recent property  tax  statements]
IF  APPLICABLE,  INFORMATION  ON  CURRENT  INCOME TAX RETURNS, EXPENSES,
PROPERTY TAXES AND PREVIOUSLY  SUBMITTED  APPLICATIONS  FOR  LOSS  MITI-
GATION;  BENEFITS  INFORMATION;  RENTAL  AGREEMENTS  OR  PROOF OF RENTAL
INCOME; AND ANY OTHER DOCUMENTATION RELEVANT TO THE PROCEEDING  REQUIRED
BY THE PRESIDING JUDGE.
  (f)  Both the plaintiff and defendant shall negotiate in good faith to
reach a mutually agreeable resolution, including BUT NOT  LIMITED  TO  a
loan modification, SHORT SALE, DEED IN LIEU OF FORECLOSURE, OR ANY OTHER
LOSS MITIGATION, if possible.  COMPLIANCE WITH THE OBLIGATION TO NEGOTI-
ATE  IN  GOOD  FAITH  PURSUANT  TO THIS SECTION SHALL BE MEASURED BY THE
TOTALITY OF THE CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE  FOLLOW-
ING FACTORS:
  1.  COMPLIANCE WITH THE REQUIREMENTS OF THIS RULE AND APPLICABLE COURT
RULES, COURT ORDERS,  AND  DIRECTIVES  BY  THE  COURT  OR  ITS  DESIGNEE
PERTAINING TO THE SETTLEMENT CONFERENCE PROCESS;
  2.  COMPLIANCE  WITH  APPLICABLE MORTGAGE SERVICING LAWS, RULES, REGU-
LATIONS, INVESTOR DIRECTIVES, AND LOSS MITIGATION STANDARDS  OR  OPTIONS
CONCERNING  LOAN  MODIFICATIONS, SHORT SALES, AND DEEDS IN LIEU OF FORE-
CLOSURE; AND
  3. CONDUCT CONSISTENT WITH  EFFORTS  TO  REACH  A  MUTUALLY  AGREEABLE
RESOLUTION,  INCLUDING  BUT NOT LIMITED TO, AVOIDING UNREASONABLE DELAY,
APPEARING AT THE SETTLEMENT CONFERENCE WITH AUTHORITY TO  FULLY  DISPOSE
OF  THE CASE, AVOIDING PROSECUTION OF FORECLOSURE PROCEEDINGS WHILE LOSS
MITIGATION APPLICATIONS ARE PENDING, AND PROVIDING ACCURATE  INFORMATION
TO THE COURT AND PARTIES.
  NEITHER  OF THE PARTIES' FAILURE TO MAKE THE OFFER OR ACCEPT THE OFFER
MADE BY THE OTHER PARTY IS SUFFICIENT TO ESTABLISH A FAILURE TO  NEGOTI-
ATE IN GOOD FAITH.
  (g)  The plaintiff must file a notice of discontinuance and vacatur of
the lis pendens within [one hundred fifty days] NINETY  DAYS  after  any
settlement agreement or loan modification is fully executed.
  (h)  A party to a foreclosure action may not charge, impose, or other-
wise require payment from the other party for any  cost,  including  but
not  limited  to  attorneys' fees, for appearance at or participation in
the settlement conference.
  (I) THE COURT MAY DETERMINE WHETHER EITHER PARTY FAILS TO COMPLY  WITH
THE  DUTY TO NEGOTIATE IN GOOD FAITH PURSUANT TO SUBDIVISION (F) OF THIS
SECTION, AND ORDER REMEDIES PURSUANT TO SUBDIVISIONS (J) AND (K) OF THIS
SECTION, EITHER ON MOTION OF ANY PARTY OR SUA SPONTE ON  NOTICE  TO  THE
PARTIES, IN ACCORDANCE WITH SUCH PROCEDURES AS MAY BE ESTABLISHED BY THE
COURT OR THE OFFICE OF COURT ADMINISTRATION. A REFEREE, JUDICIAL HEARING
OFFICER,  OR  OTHER STAFF DESIGNATED BY THE COURT TO OVERSEE THE SETTLE-
MENT CONFERENCE PROCESS MAY HEAR AND REPORT FINDINGS OF FACT AND CONCLU-
SIONS OF LAW, AND MAY MAKE REPORTS AND RECOMMENDATIONS FOR RELIEF TO THE

S. 8159                            33

COURT CONCERNING ANY PARTY'S FAILURE TO NEGOTIATE IN GOOD FAITH PURSUANT
TO SUBDIVISION (F) OF THIS SECTION.
  (J) UPON A FINDING BY THE COURT THAT THE PLAINTIFF FAILED TO NEGOTIATE
IN  GOOD  FAITH  PURSUANT  TO SUBDIVISION (F) OF THIS SECTION, AND ORDER
REMEDIES PURSUANT TO  THIS  SUBDIVISION  AND  SUBDIVISION  (K)  OF  THIS
SECTION  THE  COURT  SHALL,  AT  A  MINIMUM,  TOLL  THE ACCUMULATION AND
COLLECTION OF INTEREST, COSTS, AND FEES DURING ANY UNDUE DELAY CAUSED BY
THE PLAINTIFF, AND WHERE APPROPRIATE, THE COURT MAY ALSO IMPOSE  ONE  OR
MORE OF THE FOLLOWING:
  1.  COMPEL PRODUCTION OF ANY DOCUMENTS REQUESTED BY THE COURT PURSUANT
TO SUBDIVISION (E) OF THIS SECTION OR THE COURT'S  DESIGNEE  DURING  THE
SETTLEMENT CONFERENCE;
  2.  IMPOSE  A CIVIL PENALTY PAYABLE TO THE STATE THAT IS SUFFICIENT TO
DETER REPETITION  OF  THE  CONDUCT  AND  IN  AN  AMOUNT  NOT  TO  EXCEED
TWENTY-FIVE THOUSAND DOLLARS;
  3.  THE  COURT MAY AWARD ACTUAL DAMAGES, FEES, INCLUDING ATTORNEY FEES
AND EXPENSES TO THE DEFENDANT AS A  RESULT  OF  PLAINTIFF'S  FAILURE  TO
NEGOTIATE IN GOOD FAITH; OR
  4. AWARD ANY OTHER RELIEF THAT THE COURT DEEMS JUST AND PROPER.
  (K) UPON A FINDING BY THE COURT THAT THE DEFENDANT FAILED TO NEGOTIATE
IN  GOOD  FAITH  PURSUANT  TO SUBDIVISION (F) OF THIS SECTION, THE COURT
SHALL, AT A MINIMUM, REMOVE THE CASE FROM THE  CONFERENCE  CALENDAR.  IN
CONSIDERING  SUCH A FINDING, THE COURT SHALL TAKE INTO ACCOUNT EQUITABLE
FACTORS INCLUDING, BUT NOT LIMITED TO, WHETHER THE DEFENDANT WAS REPRES-
ENTED BY COUNSEL.
  (L) AT THE FIRST SETTLEMENT CONFERENCE HELD PURSUANT TO THIS  SECTION,
IF  THE DEFENDANT HAS NOT FILED AN ANSWER OR MADE A PRE-ANSWER MOTION TO
DISMISS, THE COURT SHALL:
  1.  ADVISE THE DEFENDANT OF THE REQUIREMENT TO ANSWER THE COMPLAINT;
  2. EXPLAIN WHAT IS REQUIRED TO ANSWER A COMPLAINT IN COURT;
  3.  ADVISE THAT IF AN ANSWER IS NOT INTERPOSED THE ABILITY TO  CONTEST
THE FORECLOSURE ACTION AND ASSERT DEFENSES MAY BE LOST; AND
  4.  PROVIDE  INFORMATION  ABOUT  AVAILABLE  RESOURCES  FOR FORECLOSURE
PREVENTION ASSISTANCE.
  AT THE FIRST CONFERENCE HELD PURSUANT TO THIS SECTION, THE COURT SHALL
ALSO PROVIDE THE DEFENDANT WITH A COPY OF THE CONSUMER  BILL  OF  RIGHTS
PROVIDED  FOR  IN  SECTION  THIRTEEN  HUNDRED THREE OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW.
  (M) A DEFENDANT WHO APPEARS  AT  THE  SETTLEMENT  CONFERENCE  BUT  WHO
FAILED  TO FILE A TIMELY ANSWER, PURSUANT TO RULE 320 OF THE CIVIL PRAC-
TICE LAW AND RULES, SHALL BE PRESUMED TO HAVE A  REASONABLE  EXCUSE  FOR
THE  DEFAULT AND SHALL BE PERMITTED TO SERVE AND FILE AN ANSWER, WITHOUT
ANY SUBSTANTIVE DEFENSES DEEMED TO HAVE BEEN WAIVED WITHIN  THIRTY  DAYS
OF  INITIAL  APPEARANCE AT THE SETTLEMENT CONFERENCE.  THE DEFAULT SHALL
BE DEEMED VACATED UPON SERVICE AND FILING OF AN ANSWER.
  (N) ANY MOTIONS SUBMITTED BY THE PLAINTIFF OR DEFENDANT SHALL BE  HELD
IN  ABEYANCE  WHILE THE SETTLEMENT CONFERENCE PROCESS IS ONGOING, EXCEPT
FOR MOTIONS CONCERNING COMPLIANCE WITH THIS RULE  AND  ITS  IMPLEMENTING
RULES.
  S 3. Subdivision (a) of rule 3408 of the civil practice law and rules,
as  added  by  chapter  472  of  the laws of 2008, is amended to read as
follows:
  (a) In any residential foreclosure action involving a  high-cost  home
loan consummated between January first, two thousand three and September
first, two thousand eight, or a subprime or nontraditional home loan, as
those  terms are defined under section thirteen hundred four of the real

S. 8159                            34

property actions and proceedings law, in which the defendant is a  resi-
dent  of  the  property  subject  to foreclosure, the court shall hold a
mandatory conference within sixty days after  the  date  when  proof  of
service is filed with the county clerk, or on such adjourned date as has
been  agreed  to  by  the parties, for the purpose of holding settlement
discussions pertaining to the relative rights  and  obligations  of  the
parties  under  the  mortgage loan documents, including, but not limited
to: 1. determining whether the parties can reach  a  mutually  agreeable
resolution to help the defendant avoid losing his or her home, and eval-
uating  the  potential  for  a  resolution in which payment schedules or
amounts may be modified or other workout options may be agreed to[,  and
for]  INCLUDING,  BUT  NOT  LIMITED TO, A LOAN MODIFICATION, SHORT SALE,
DEED IN LIEU OF FORECLOSURE, OR ANY OTHER LOSS MITIGATION OPTION; OR  2.
whatever other purposes the court deems appropriate.
  S  4.  The  real  property  actions  and proceedings law is amended by
adding two new sections 1309 and 1310 to read as follows:
  S 1309. EXPEDITED APPLICATION FOR JUDGMENT OF FORECLOSURE AND SALE FOR
VACANT AND ABANDONED PROPERTY.  1.  THE  PLAINTIFF  IN  ANY  FORECLOSURE
PROCEEDING  MAY MAKE AN APPLICATION BY NOTICE OF MOTION OR ORDER TO SHOW
CAUSE FOR A JUDGMENT OF FORECLOSURE AND SALE ON  THE  GROUNDS  THAT  THE
SUBJECT  PROPERTY  IS VACANT AND ABANDONED.  THE MOTION OR ORDER TO SHOW
CAUSE SHALL INCLUDE THE LAST KNOWN ADDRESS OF THE BORROWER AND THE PROP-
ERTY ADDRESS.   NOTWITHSTANDING  SUBDIVISION  (M)  OF  RULE  THIRTY-FOUR
HUNDRED  EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES NO SUCH APPLICATION
MAY BE MADE UNTIL THE DEFENDANT'S TIME TO ANSWER THE  COMPLAINT  IN  THE
FORECLOSURE  PROCEEDING  SHALL  HAVE  EXPIRED. SUCH APPLICATION SHALL BE
SERVED ON DEFENDANT, REGARDLESS OF WHETHER  A  DEFENDANT  HAS  FILED  AN
ANSWER  OR  APPEARED  IN THE CASE.  SUCH APPLICATION SHALL: (A) STATE IN
BOLD LETTERS, ON THE FIRST PAGE OF THE NOTICE OF MOTION OR ORDER TO SHOW
CAUSE: (I) "THE PLAINTIFF IN THIS LAWSUIT HAS APPLIED FOR  AN  EXPEDITED
JUDGMENT  OF FORECLOSURE AND SALE OF YOUR PROPERTY ON THE GROUND THAT IT
IS VACANT AND ABANDONED"; (II) "YOUR PROPERTY MAY BE FORECLOSED UPON AND
SOLD WITHOUT ANY FURTHER PROCEEDINGS IF  YOU  DO  NOT  RESPOND  TO  THIS
MOTION  BY  OR  ON  THE  RETURN DATE, WHICH IS ___"; (III) "YOU HAVE THE
RIGHT TO STAY IN YOUR PROPERTY UNTIL A COURT ORDERS YOU TO  LEAVE";  AND
(IV)  "YOU  MAY  RESPOND  TO  THIS MOTION BY EITHER SUBMITTING A WRITTEN
DOCUMENT OR BY APPEARING IN COURT ON THE RETURN DATE."; (B) BE SUPPORTED
BY AFFIDAVIT AND OTHER PROOF, INCLUDING BUT NOT LIMITED TO: (I) PROOF OF
OWNERSHIP OF THE MORTGAGE AND THE NOTE, (II) PHOTOGRAPHS EVIDENCING THAT
THE SUBJECT PROPERTY IS VACANT  AND  ABANDONED  AS  PROVIDED  FOR  UNDER
SUBDIVISION TWO OF THIS SECTION, AND (III) IF AVAILABLE, UTILITY COMPANY
RECORDS  OR  OTHER  DOCUMENTATION  EVIDENCING  THE  VACANT AND ABANDONED
STATUS  OF  THE  PREMISES;  (C)  SET  FORTH,  SUPPORTED  BY  DOCUMENTARY
EVIDENCE, THE SUMS ALLEGED TO BE DUE AND OWING UPON THE SUBJECT MORTGAGE
AND  NOTE,  INCLUDING  THE  CURRENT PRINCIPAL BALANCE AND A DETAILED AND
ITEMIZED ACCOUNT OF EACH FEE, EACH COST, AND A CALCULATION  OF  INTEREST
ACCRUED;  AND  (D) REQUEST THAT THE COURT CONFIRM THE SUMS DUE AND OWING
UPON THE SUBJECT MORTGAGE AND NOTE WITHOUT APPOINTMENT OF A REFEREE. THE
COURT SHALL PROMPTLY SEND A NOTICE TO THE DEFENDANT OF  THE  PLAINTIFF'S
NOTICE  OF  MOTION OR ORDER TO SHOW CAUSE FOR A JUDGEMENT OF FORECLOSURE
AND SALE ON THE GROUNDS THAT THE SUBJECT PROPERTY IS  VACANT  AND  ABAN-
DONED.  THE  NOTICE SHALL ADVISE THE DEFENDANT THAT THE LENDER IS ASKING
THE COURT TO EXPEDITE A JUDGEMENT OF FORECLOSURE AND SALE OF HIS OR  HER
PROPERTY  ON  THE  GROUND  THAT IT IS VACANT AND ABANDONED AND ABOUT THE
TIME AND PLACE OF THE  COURT  DATE.  THE  NOTICE  SHALL  BE  IN  A  FORM
PRESCRIBED BY THE COURTS, OR, AT THE DISCRETION OF THE COURTS.

S. 8159                            35

  2.  (A)  AS  USED  IN  THIS SECTION, "VACANT AND ABANDONED RESIDENTIAL
PROPERTY" MEANS RESIDENTIAL REAL PROPERTY, AS DEFINED IN  SECTION  THIR-
TEEN  HUNDRED  FIVE OF THIS ARTICLE, WITH RESPECT TO WHICH THE PLAINTIFF
HAS PROVEN, BY PREPONDERANCE OF THE EVIDENCE, THAT IT HAS  CONDUCTED  AT
LEAST   THREE  CONSECUTIVE  INSPECTIONS  OF  SUCH  PROPERTY,  WITH  EACH
INSPECTION CONDUCTED  TWENTY-FIVE  TO  THIRTY-FIVE  DAYS  APART  AND  AT
DIFFERENT  TIMES  OF THE DAY, AND AT EACH INSPECTION (I) NO OCCUPANT WAS
PRESENT AND THERE WAS NO EVIDENCE OF OCCUPANCY ON THE PROPERTY TO  INDI-
CATE  THAT ANY PERSONS ARE RESIDING THERE; AND (II) THE RESIDENTIAL REAL
PROPERTY WAS NOT BEING MAINTAINED IN A MANNER CONSISTENT WITH THE STAND-
ARDS SET FORTH IN NEW YORK PROPERTY MAINTENANCE CODE CHAPTER 3  SECTIONS
301,  302  (EXCLUDING 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10,
304.12, 304.13, 304.15, 304.16, 307.1 AND 308.1.
  (B) RESIDENTIAL REAL PROPERTY WILL ALSO BE DEEMED VACANT AND ABANDONED
IF:
  (I) A COURT OR OTHER APPROPRIATE STATE OR  LOCAL  GOVERNMENTAL  ENTITY
HAS  FORMALLY  DETERMINED,  FOLLOWING  DUE NOTICE TO THE BORROWER AT THE
PROPERTY ADDRESS AND ANY OTHER KNOWN ADDRESSES,  THAT  SUCH  RESIDENTIAL
REAL PROPERTY IS VACANT AND ABANDONED; OR
  (II)  EACH  BORROWER  AND  OWNER HAS SEPARATELY ISSUED A SWORN WRITTEN
STATEMENT, EXPRESSING HIS OR HER INTENT TO VACATE AND ABANDON THE  PROP-
ERTY AND AN INSPECTION OF THE PROPERTY SHOWS NO EVIDENCE OF OCCUPANCY TO
INDICATE THAT ANY PERSONS ARE RESIDING THERE.
  (C)  EVIDENCE OF LACK OF OCCUPANCY SHALL INCLUDE BUT NOT BE LIMITED TO
THE FOLLOWING CONDITIONS: (I) OVERGROWN OR DEAD VEGETATION; (II) ACCUMU-
LATION OF NEWSPAPERS, CIRCULARS, FLYER OR MAIL; (III) PAST  DUE  UTILITY
NOTICES,  DISCONNECTED  UTILITIES, OR UTILITIES NOT IN USE; (IV) ACCUMU-
LATION OF TRASH, REFUSE OR OTHER DEBRIS; (V) ABSENCE OF WINDOW COVERINGS
SUCH AS CURTAINS, BLINDS, OR SHUTTERS; (VI) ONE OR MORE BOARDED, MISSING
OR BROKEN WINDOWS; (VII) THE PROPERTY IS OPEN TO CASUAL ENTRY  OR  TRES-
PASS;  OR  (VIII)  THE  PROPERTY  HAS A BUILDING OR STRUCTURE THAT IS OR
APPEARS STRUCTURALLY UNSOUND OR HAS ANY OTHER CONDITION THAT PRESENTS  A
POTENTIAL HAZARD OR DANGER TO THE SAFETY OF PERSONS.
  (D)  RESIDENTIAL REAL PROPERTY WILL NOT BE DEEMED VACANT AND ABANDONED
IF, ON THE PROPERTY:
  (I) THERE IS AN UNOCCUPIED BUILDING THAT IS  UNDERGOING  CONSTRUCTION,
RENOVATION,   OR   REHABILITATION   THAT  IS  PROCEEDING  DILIGENTLY  TO
COMPLETION;
  (II) THERE IS A BUILDING OCCUPIED ON A SEASONAL BASIS,  BUT  OTHERWISE
SECURE;
  (III)  THERE  IS  A  BUILDING  THAT IS SECURE, BUT IS THE SUBJECT OF A
PROBATE ACTION, ACTION TO QUIET TITLE, OR  OTHER  OWNERSHIP  DISPUTE  OF
WHICH THE SERVICER HAS ACTUAL NOTICE;
  (IV) THERE IS A BUILDING DAMAGED BY A NATURAL DISASTER AND ONE OR MORE
OWNER INTENDS TO REPAIR AND REOCCUPY THE PROPERTY; OR
  (V)  THERE  IS A BUILDING OCCUPIED BY THE MORTGAGOR, A RELATIVE OF THE
MORTGAGOR OR A TENANT LAWFULLY IN POSSESSION.
  3. IN CONNECTION WITH AN APPLICATION FOR A JUDGMENT OF FORECLOSURE AND
SALE ON THE GROUND THAT THE SUBJECT PROPERTY IS  VACANT  AND  ABANDONED,
THE  COURT  MAY  REQUIRE  THE PLAINTIFF OR AN AGENT TO APPEAR TO PROVIDE
TESTIMONY IN SUPPORT OF THE APPLICATION.
  4. THE COURT SHALL MAKE A WRITTEN FINDING AS SOON AS PRACTICABLE AS TO
WHETHER THE PLAINTIFF HAS PROVED THAT THE PROPERTY TO BE FORECLOSED UPON
PURSUANT TO THIS SECTION IS VACANT AND ABANDONED PURSUANT TO SUBDIVISION
TWO OF THIS SECTION AND, IF THE COURT DETERMINES THAT  THE  PROPERTY  IS
VACANT  AND  ABANDONED, IT SHALL SET FORTH: (A) THE EVIDENCE RELIED UPON

S. 8159                            36

BY THE COURT IN FINDING THAT THE PROPERTY IS VACANT AND  ABANDONED;  (B)
THE  EVIDENCE  SHOWING THAT THE PLAINTIFF IS THE OWNER AND HOLDER OF THE
SUBJECT MORTGAGE AND NOTE, OR HAS BEEN DELEGATED THE AUTHORITY TO INSTI-
TUTE  A  MORTGAGE  FORECLOSURE  ACTION BY THE OWNER OF SAME; AND (C) THE
SUMS DUE AND OWING UPON THE SUBJECT MORTGAGE AND NOTE AFTER A REVIEW  OF
THE  DETAILED  AND ITEMIZED ACCOUNT OF EACH FEE, EACH COST, AND A CALCU-
LATION OF INTEREST ACCRUED.
  5. WITH RESPECT  TO  FORECLOSURE  ACTIONS  BROUGHT  PURSUANT  TO  THIS
SECTION:
  (A)  A  JUDGMENT OF FORECLOSURE AND SALE SHALL NOT BE ENTERED PURSUANT
TO THIS SECTION IF THE MORTGAGOR OR ANY OTHER  DEFENDANT  HAS  FILED  AN
ANSWER,  APPEARANCE,  OTHER  WRITTEN OBJECTION THAT IS NOT WITHDRAWN, OR
HAS OTHERWISE DEMONSTRATED  AN  INTENTION  TO  CONTEST  THE  FORECLOSURE
ACTION.
  (B)  A  DENIAL  OF A JUDGMENT OF FORECLOSURE AND SALE PURSUANT TO THIS
SECTION WHERE THE COURT DOES NOT FIND THAT  THE  MORTGAGED  PROPERTY  IS
VACANT  AND  ABANDONED  SHALL  NOT  BE  DEEMED  TO  BE ON THE MERITS FOR
PURPOSES OF ANY OTHER PROCEEDING WITH RESPECT TO SUCH REAL PROPERTY.
  6. IT SHALL BE UNLAWFUL FOR A LENDER, ASSIGNEE, MORTGAGE  LOAN  SERVI-
CER,  OR A THIRD PARTY AGENT OR OTHER PERSON ACTING ON BEHALF OF A LEND-
ER, ASSIGNEE OR MORTGAGE LOAN SERVICER TO ENTER RESIDENTIAL REAL PROPER-
TY THAT IS  NOT  VACANT  AND  ABANDONED  FOR  THE  PURPOSE  OF  FORCING,
INTIMIDATING,  HARASSING  OR COERCING A LAWFUL OCCUPANT OF SUCH RESIDEN-
TIAL PROPERTY TO VACATE THAT PROPERTY IN ORDER TO  RENDER  THE  PROPERTY
VACANT  AND  ABANDONED,  OR  TO  OTHERWISE FORCE, INTIMIDATE, HARASS, OR
COERCE A LAWFUL OCCUPANT OF RESIDENTIAL REAL  PROPERTY  TO  VACATE  THAT
PROPERTY  SO THAT IT MAY BE DEEMED VACANT AND ABANDONED, PROVIDED HOWEV-
ER, A LENDER, ASSIGNEE, MORTGAGE LOAN SERVICER, OR A THIRD  PARTY  AGENT
OR  OTHER PERSON ACTING ON BEHALF OF A LENDER, ASSIGNEE OR MORTGAGE LOAN
SERVICER WHO PEACEFULLY ENTERS A VACANT AND ABANDONED PROPERTY IN  ORDER
TO RENDER THE PROPERTY VACANT AND ABANDONED SHALL BE IMMUNE FROM LIABIL-
ITY  WHEN  SUCH  LENDER,  ASSIGNEE,  MORTGAGE LOAN SERVICER, THIRD PARTY
AGENT OR OTHER PERSON ACTING ON BEHALF OF A LENDER, ASSIGNEE OR MORTGAGE
LOAN SERVICER IS MAKING REASONABLE EFFORTS TO COMPLY WITH THIS SECTION.
  7. THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS SHALL ADOPT SUCH RULES
AS HE OR SHE DEEMS NECESSARY TO EXPEDITIOUSLY IMPLEMENT  THE  PROVISIONS
OF THIS SECTION.
  S  1310. VACANT AND ABANDONED PROPERTY; STATEWIDE VACANT AND ABANDONED
PROPERTY ELECTRONIC REGISTRY. 1. THE DEPARTMENT  OF  FINANCIAL  SERVICES
SHALL MAINTAIN A STATEWIDE VACANT AND ABANDONED PROPERTY REGISTRY IN THE
FORM  OF  AN  ELECTRONIC  DATABASE. THE DEPARTMENT OF FINANCIAL SERVICES
MAY, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF THE  STATE  FINANCE
LAW,  RETAIN  A  PRIVATE  CONTRACTOR TO ADMINISTER SUCH DATABASE FOR THE
PURPOSES OF SATISFYING THIS REQUIREMENT.   THE INFORMATION  PROVIDED  TO
THE  DEPARTMENT  OF FINANCIAL SERVICES PURSUANT TO THIS SECTION SHALL BE
DEEMED AND TREATED CONFIDENTIAL, PROVIDED HOWEVER, THE SUPERINTENDENT OF
FINANCIAL SERVICES, IN HER OR  HIS  SOLE  DISCRETION,  MAY  RELEASE  THE
INFORMATION  IF  IT  IS  IN  THE  BEST  INTEREST OF THE PUBLIC. ANY SUCH
RELEASED INFORMATION SHALL CONTINUE TO BE TREATED CONFIDENTIALLY BY  THE
PARTIES.  THE  DEPARTMENT  OF  FINANCIAL  SERVICES  SHALL,  UPON WRITTEN
REQUEST, PROVIDE PUBLIC OFFICIALS OF ANY STATE DISTRICT,  COUNTY,  CITY,
TOWN OR VILLAGE WITH ACCESS TO INFORMATION SPECIFIC TO SUCH PUBLIC OFFI-
CIAL'S  DISTRICT, COUNTY, CITY, TOWN OR VILLAGE MAINTAINED ON SUCH DATA-
BASE TO FURTHER THE PURPOSES OF THIS SECTION, SECTION  THIRTEEN  HUNDRED
SEVEN  OF  THIS  ARTICLE  OR  ARTICLE NINETEEN-A OF THIS CHAPTER, OR ANY
OTHER RELATED LAW, CODE, RULE, REGULATION OR ORDINANCE.

S. 8159                            37

  2. A LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER SHALL SUBMIT OR  CAUSE
TO  BE  SUBMITTED  TO  THE  DEPARTMENT OF FINANCIAL SERVICES INFORMATION
REQUIRED BY THE SUPERINTENDENT OF FINANCIAL SERVICES  ABOUT  ANY  VACANT
AND  ABANDONED  RESIDENTIAL  REAL  PROPERTY,  AS THAT TERM IS DEFINED IN
SUBDIVISION  TWO OF SECTION THIRTEEN HUNDRED NINE OF THIS ARTICLE, OR AS
THE SUPERINTENDENT OF FINANCIAL SERVICES MAY OTHERWISE DEFINE THAT TERM,
WITHIN TWENTY-ONE BUSINESS DAYS OF WHEN THE LENDER, ASSIGNEE OR MORTGAGE
LOAN SERVICER LEARNS, OR SHOULD HAVE  LEARNED,  THAT  SUCH  PROPERTY  IS
VACANT  AND  ABANDONED.  SUCH  INFORMATION SHALL, AT A MINIMUM, INCLUDE:
(A) THE CURRENT NAME, ADDRESS AND CONTACT INFORMATION  FOR  THE  LENDER,
ASSIGNEE  OR  MORTGAGE  LOAN  SERVICER  RESPONSIBLE  FOR MAINTAINING THE
VACANT PROPERTY; (B) WHETHER A FORECLOSURE ACTION HAS BEEN FILED FOR THE
PROPERTY IN QUESTION, AND, IF SO, THE  DATE  ON  WHICH  THE  FORECLOSURE
ACTION  WAS COMMENCED; AND (C) THE LAST KNOWN ADDRESS AND CONTACT INFOR-
MATION FOR THE MORTGAGOR(S) OF RECORD.
  3. WHERE ANY OF THE INFORMATION CONTAINED IN A LENDER'S, ASSIGNEE'S OR
MORTGAGE LOAN SERVICER'S INITIAL SUBMISSION TO THE  REGISTRY  HAS  MATE-
RIALLY  CHANGED SINCE SUCH SUBMISSION, SUCH LENDER, ASSIGNEE OR MORTGAGE
LOAN SERVICER SHALL MAKE AN AMENDED SUBMISSION TO THE REGISTRY NOT LATER
THAN THIRTY DAYS AFTER THE LENDER, ASSIGNEE OR  MORTGAGE  LOAN  SERVICER
LEARNS,  OR REASONABLY SHOULD HAVE LEARNED, OF THE NEW OR CHANGED INFOR-
MATION.
  4. THE DEPARTMENT OF FINANCIAL SERVICES IS AUTHORIZED AND EMPOWERED TO
ADOPT SUCH RULES AND REGULATIONS AS MAY IN THE JUDGMENT  OF  THE  SUPER-
INTENDENT  OF  FINANCIAL  SERVICES  NECESSARY FOR THE EFFECTIVE ADMINIS-
TRATION AND OPERATION OF SUCH REGISTRY, INCLUDING  BUT  NOT  LIMITED  TO
RULES  AND  REGULATIONS  GOVERNING ACCESS TO THE REGISTRY AND SPECIFYING
THE MANNER AND FREQUENCY OF REGISTRATION AND THE INFORMATION  THAT  MUST
BE  PROVIDED.    THE SUPERINTENDENT OF FINANCIAL SERVICES MAY AMEND SUCH
REGULATIONS FROM TIME TO TIME AS NECESSARY TO EFFECTUATE THE PURPOSE  OF
THIS SECTION AND SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE.
  5. THE DEPARTMENT OF FINANCIAL SERVICES SHALL ESTABLISH AND MAINTAIN A
TOLL-FREE HOTLINE THAT NEIGHBORS OF REAL PROPERTY THAT IS, OR APPEARS TO
BE,  VACANT  AND  ABANDONED  RESIDENTIAL  REAL PROPERTY, AS SUCH TERM IS
DEFINED IN SUBDIVISION TWO OF SECTION  THIRTEEN  HUNDRED  NINE  OF  THIS
ARTICLE,  AND  OTHER COMMUNITY RESIDENTS CAN USE TO REPORT TO THE SUPER-
INTENDENT OF FINANCIAL SERVICES ANY HAZARDS, BLIGHT  OR  OTHER  CONCERNS
RELATED  TO  SUCH  PROPERTY.  THE DEPARTMENT OF FINANCIAL SERVICES SHALL
INCLUDE ON ITS OFFICIAL PUBLIC WEBSITE INFORMATION ABOUT SUCH  TOLL-FREE
HOTLINE.
  NO LOCAL LAW, ORDINANCE, OR RESOLUTION SHALL IMPOSE A DUTY TO REGISTER
VACANT  AND  ABANDONED  PROPERTY  AS DEFINED IN SECTION THIRTEEN HUNDRED
NINE OF THE ARTICLE IN A MANNER INCONSISTENT WITH THE PROVISIONS OF THIS
SECTION THAT ARE RELATED TO REGISTRATION AS PROVIDED UNDER SECTION THIR-
TEEN HUNDRED TEN OF THIS ARTICLE OR ESTABLISH RELATED PENALTIES OR OTHER
MONETARY OBLIGATION, WITH RESPECT TO  A  STATE  OR  FEDERALLY  CHARTERED
BANK,  SAVINGS  BANK,  SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION THAT
ORIGINATES, OWNS, SERVICES OR MAINTAINS A MORTGAGE RELATED TO SUCH PROP-
ERTY.
  NO LOCAL LAW, ORDINANCE, OR RESOLUTION SHALL IMPOSE A DUTY TO MAINTAIN
VACANT AND ABANDONED PROPERTY UPON  ANY  STATE  OR  FEDERALLY  CHARTERED
BANK,  SAVINGS  BANK,  SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION THAT
ORIGINATES, OWNS, SERVICES OR MAINTAINS A MORTGAGE RELATED TO SUCH PROP-
ERTY FOR WHICH THE PROVISIONS OF THIS SECTION, PURSUANT TO  THE  OPENING
PARAGRAPH  OF  SECTION  THIRTEEN  HUNDRED  EIGHT OF THIS ARTICLE, DO NOT
APPLY.

S. 8159                            38

  S 5. Subdivision 3 of section 1303 of the real  property  actions  and
proceedings  law,  as  amended by chapter 507 of the laws of 2009 and as
further amended by section 104 of part A of chapter 62 of  the  laws  of
2011, is amended and a new subdivision 3-a is added to read as follows:
  3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
sion one of this section shall appear as follows:
                   Help for Homeowners in Foreclosure
  New York State Law requires that we send you  this  notice  about  the
foreclosure process. Please read it carefully.
Summons and Complaint
  You  are  in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure  action,  you  may  lose  your
home.  Please read the summons and complaint carefully. You should imme-
diately contact an attorney or your local legal  aid  office  to  obtain
advice on how to protect yourself.
Sources of Information and Assistance
  The  State  encourages  you  to  become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and  non-profit  organizations
that  you  may contact for information about possible options, including
trying to work with your lender during this process.
  To locate an entity near you, you  may  call  the  toll-free  helpline
maintained  by  the  New  York State Department of Financial Services at
(enter number) or visit the Department's website at (enter web address).
  RIGHTS AND OBLIGATIONS
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. YOU HAVE THE RIGHT
TO STAY IN YOUR  HOME  DURING  THE  FORECLOSURE  PROCESS.  YOU  ARE  NOT
REQUIRED  TO  LEAVE  YOUR HOME UNLESS AND UNTIL YOUR PROPERTY IS SOLD AT
AUCTION PURSUANT TO A JUDGMENT OF FORECLOSURE AND SALE.
REGARDLESS OF WHETHER YOU  CHOOSE  TO  REMAIN  IN  YOUR  HOME,  YOU  ARE
REQUIRED TO TAKE CARE OF YOUR PROPERTY AND PAY PROPERTY TAXES IN ACCORD-
ANCE WITH STATE AND LOCAL LAW.
Foreclosure rescue scams
  Be careful of people who approach you with offers to "save" your home.
There  are  individuals  who watch for notices of foreclosure actions in
order to unfairly profit from a  homeowner's  distress.  You  should  be
extremely  careful  about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone  offer-
ing  such  services  for  profit  to  enter  into a contract which fully
describes the services they will perform and fees they will charge,  and
which  prohibits  them  from  taking  any money from you until they have
completed all such promised services.
  3-A. NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS  SUBDI-
VISION,  THE  DEPARTMENT  OF FINANCIAL SERVICES SHALL PUBLISH A CONSUMER
BILL OF RIGHTS, IN  CONSULTATION  WITH  ALL  STAKEHOLDERS,  WHICH  SHALL
DETAIL THE RIGHTS AND RESPONSIBILITIES OF THE PLAINTIFF AND DEFENDANT IN
A  FORECLOSURE  PROCEEDING.  SUCH  BILL OF RIGHTS SHALL BE UPDATED ON AN
ANNUAL BASIS AND AS APPROPRIATE.
  S 6. Section 1304 of the real property actions and proceedings law, as
added by chapter 472 of the laws of 2008, subdivision 1 as  amended  and
subdivision  6 as added by chapter 155 of the laws of 2012, and subdivi-
sions 2 and 5 as amended by chapter 507 of the laws of 2009, and  subdi-
vision  2  as  further amended by section 104 of part A of chapter 62 of
the laws of 2011, is amended to read as follows:
  S  1304.  Required  prior  notices.    1.  Notwithstanding  any  other
provision  of  law,  with  regard  to  a home loan, at least ninety days

S. 8159                            39

before a lender, an assignee or a mortgage loan servicer commences legal
action against the borrower, OR BORROWERS AT THE  PROPERTY  ADDRESS  AND
ANY  OTHER ADDRESS OF RECORD, including mortgage foreclosure, such lend-
er, assignee or mortgage loan servicer shall give notice to the borrower
in at least fourteen-point type which shall include the following:
              "YOU [COULD LOSE YOUR HOME] MAY BE AT RISK OF
        FORECLOSURE. PLEASE READ THE FOLLOWING NOTICE CAREFULLY"
  "As  of  ___, your home loan is ___ days AND       DOLLARS in default.
Under New York State Law, we are required to send  you  this  notice  to
inform  you that you are at risk of losing your home. [You can cure this
default by making the payment of _____ dollars by ____.]
  [If you are experiencing financial difficulty, you  should  know  that
there  are  several options available to you that may help you keep your
home.] Attached to this notice is a list of government approved  housing
counseling  agencies  in your area which provide free [or very low-cost]
counseling. [You should consider contacting one of these agencies  imme-
diately.  These agencies specialize in helping homeowners who are facing
financial difficulty. Housing counselors can help you assess your finan-
cial condition and work with us to explore the possibility of  modifying
your  loan, establishing an easier payment plan for you, or even working
out a period of loan forbearance.] YOU CAN ALSO CALL THE NYS  OFFICE  OF
THE  ATTORNEY  GENERAL'S  HOMEOWNER  PROTECTION PROGRAM (HOPP) TOLL-FREE
CONSUMER HOTLINE TO BE CONNECTED TO FREE HOUSING COUNSELING SERVICES  IN
YOUR  AREA AT 1-855-HOME-456 (1-855-466-3456), OR VISIT THEIR WEBSITE AT
HTTP://WWW.AGHOMEHELP.COM/. A STATEWIDE LISTING BY COUNTY IS ALSO AVAIL-
ABLE AT HTTP://WWW.DFS.NY.GOV/CONSUMER/MORTG  NYS  NP  COUNSELING  AGEN-
CIES.HTM.  QUALIFIED  FREE HELP IS AVAILABLE; WATCH OUT FOR COMPANIES OR
PEOPLE WHO CHARGE A FEE FOR THESE SERVICES.
  HOUSING COUNSELORS FROM NEW YORK-BASED AGENCIES LISTED ON THE  WEBSITE
ABOVE  ARE  TRAINED  TO  HELP  HOMEOWNERS WHO ARE HAVING PROBLEMS MAKING
THEIR MORTGAGE PAYMENTS AND CAN HELP YOU FIND THE BEST OPTION  FOR  YOUR
SITUATION.  If  you wish, you may also contact us directly at __________
and ask to discuss possible options.
  While we cannot assure that a mutually agreeable resolution is  possi-
ble, we encourage you to take immediate steps to try to achieve a resol-
ution.  The longer you wait, the fewer options you may have.
  If  [this  matter  is  not resolved] YOU HAVE NOT TAKEN ANY ACTIONS TO
RESOLVE THIS MATTER within 90 days from the date this notice was mailed,
we may commence legal action against you (or sooner if you cease to live
in the dwelling as your primary residence.)
  If you need further  information,  please  call  the  New  York  State
Department of Financial Services' toll-free helpline at (show number) or
visit the Department's website at (show web address)["].
  IMPORTANT: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL YOU RECEIVE
A COURT ORDER TELLING YOU TO LEAVE THE PROPERTY. IF A FORECLOSURE ACTION
IS FILED AGAINST YOU IN COURT, YOU STILL HAVE THE RIGHT TO REMAIN IN THE
HOME  UNTIL A COURT ORDERS YOU TO LEAVE. YOU LEGALLY REMAIN THE OWNER OF
AND ARE RESPONSIBLE FOR THE PROPERTY UNTIL THE PROPERTY IS SOLD  BY  YOU
OR  BY  ORDER  OF  THE  COURT  AT  THE  CONCLUSION  OF  ANY  FORECLOSURE
PROCEEDINGS. THIS NOTICE IS NOT AN EVICTION NOTICE,  AND  A  FORECLOSURE
ACTION HAS NOT YET BEEN COMMENCED AGAINST YOU.
  2.  Such  notice  shall  be  sent  by such lender, assignee (INCLUDING
PURCHASING INVESTOR) or mortgage  loan  servicer  to  the  borrower,  by
registered  or  certified  mail and also by first-class mail to the last
known address of the borrower, and [if different,] to the residence that
is the subject of the mortgage. Such notice shall be sent by the lender,

S. 8159                            40

assignee or mortgage loan servicer in a separate envelope from any other
mailing or notice. Notice is considered given  as  of  the  date  it  is
mailed. The notice shall contain a CURRENT list of at least five housing
counseling agencies [as designated by the division of housing and commu-
nity  renewal, that serve the region where the borrower resides] SERVING
THE COUNTY WHERE THE PROPERTY IS LOCATED FROM THE  MOST  RECENT  LISTING
AVAILABLE  FROM DEPARTMENT OF FINANCIAL SERVICES. The list shall include
the counseling agencies' last known addresses and telephone numbers. The
department of financial services [and the division of housing and commu-
nity renewal] shall make available on [their respective] ITS websites  a
listing,  by  [region] COUNTY, of such agencies. The lender, assignee or
mortgage loan servicer shall use [either of these] SUCH  lists  to  meet
the requirements of this section.
  3. The ninety day period specified in the notice contained in subdivi-
sion  one  of  this section shall not apply, or shall cease to apply, if
the borrower has filed [an application for the adjustment  of  debts  of
the  borrower  or  an  order  for relief from the payment of debts,] FOR
BANKRUPTCY PROTECTION UNDER FEDERAL LAW, or if the  borrower  no  longer
occupies  the  residence  as  the borrower's principal dwelling. NOTHING
HEREIN SHALL RELIEVE THE LENDER, ASSIGNEE OR MORTGAGE LOAN  SERVICER  OF
THE  OBLIGATION  TO  SEND SUCH NOTICE, WHICH NOTICE SHALL BE A CONDITION
PRECEDENT TO COMMENCING A FORECLOSURE PROCEEDING.
  4. The notice and the ninety day period required by subdivision one of
this section need only be provided once in a twelve month period to  the
same  borrower  in  connection  with the same loan AND SAME DELINQUENCY.
SHOULD A BORROWER CURE A DELINQUENCY BUT RE-DEFAULT IN THE  SAME  TWELVE
MONTH  PERIOD,  THE  LENDER  SHALL PROVIDE A NEW NOTICE PURSUANT TO THIS
SECTION.
  5. FOR ANY BORROWER KNOWN TO HAVE  LIMITED  ENGLISH  PROFICIENCY,  THE
NOTICE  REQUIRED  BY  SUBDIVISION  ONE  OF  THIS SECTION SHALL BE IN THE
BORROWER'S NATIVE LANGUAGE (OR A  LANGUAGE  IN  WHICH  THE  BORROWER  IS
PROFICIENT),  PROVIDED  THAT  THE LANGUAGE IS ONE OF THE SIX MOST COMMON
NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH  PROFI-
CIENCY IN THE STATE OF NEW YORK, BASED ON UNITED STATES CENSUS DATA. THE
DEPARTMENT  OF  FINANCIAL  SERVICES  SHALL  POST  THE NOTICE REQUIRED BY
SUBDIVISION ONE OF THIS SECTION ON ITS WEBSITE IN THE  SIX  MOST  COMMON
NON-ENGLISH  LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFI-
CIENCY IN THE STATE OF NEW YORK, BASED ON THE UNITED STATES CENSUS DATA.
  6. (a) "Home loan" means a loan, including an  open-end  credit  plan,
other than a reverse mortgage transaction, in which:
  (i) The borrower is a natural person;
  (ii)  The  debt  is  incurred  by the borrower primarily for personal,
family, or household purposes;
  (iii) The loan is secured by a mortgage  or  deed  of  trust  on  real
estate improved by a one to four family dwelling, or a condominium unit,
in  either  case,  used  or occupied, or intended to be used or occupied
wholly or partly, as the home or residence of one or  more  persons  and
which is or will be occupied by the borrower as the borrower's principal
dwelling; and
  (iv) The property is located in this state.
  (b)  "Lender"  means  a mortgage banker as defined in paragraph (f) of
subdivision one of section five hundred ninety of the banking law or  an
exempt  organization  as  defined in paragraph (e) of subdivision one of
section five hundred ninety of the banking law.
  [6.] 7. The department of financial services shall prescribe the tele-
phone number and web address to be included in the notice.

S. 8159                            41

  S 7. Subdivisions 1, 2, 5 and 6 of section 1304 of the  real  property
actions  and proceedings law, subdivision 1 as amended and subdivision 6
as added by chapter 155 of the laws of 2012, and subdivisions 2 and 5 as
added by chapter 472 of the laws of 2008, subdivision  2  and  paragraph
(f)  of  subdivision  5  as  further amended by section 104 of part A of
chapter 62 of the laws of 2011, are amended to read as follows:
  1. Notwithstanding any other provision of law, with regard to a  high-
cost  home loan, as such term is defined in section six-l of the banking
law, a subprime home loan or a non-traditional home loan, at least nine-
ty days before a lender or a  mortgage  loan  servicer  commences  legal
action  against the borrower, including mortgage foreclosure, the lender
or mortgage loan servicer shall give notice to the  borrower(S)  AT  THE
PROPERTY  ADDRESS  AND ANY OTHER ADDRESS OF RECORD in at least fourteen-
point type which shall include the following:
              "YOU [COULD LOSE YOUR HOME] MAY BE AT RISK OF
        FORECLOSURE. PLEASE READ THE FOLLOWING NOTICE CAREFULLY"
  "As of ___, your home loan is ___ days AND        DOLLARS in  default.
Under  New  York  State  Law, we are required to send you this notice to
inform you that you are at risk of losing your home. [You can cure  this
default  by  making  the payment of _____ dollars by ____.] THERE MAY BE
OPTIONS AVAILABLE TO YOU TO KEEP YOUR HOME. THIS  MAY  INCLUDE  APPLYING
FOR  A  LOAN  MODIFICATION OF YOUR MORTGAGE, OR REINSTATING YOUR LOAN BY
MAKING THE PAYMENT.
  [If you are experiencing financial difficulty, you  should  know  that
there  are  several options available to you that may help you keep your
home.] Attached to this notice is a list of government approved  housing
counseling  agencies  in  your  area which provide free or very low-cost
counseling. [You should consider contacting one of these agencies  imme-
diately.  These agencies specialize in helping homeowners who are facing
financial difficulty. Housing counselors can help you assess your finan-
cial condition and work with us to explore the possibility of  modifying
your  loan, establishing an easier payment plan for you, or even working
out a period of loan forbearance.] YOU CAN ALSO CALL THE NYS  OFFICE  OF
THE  ATTORNEY  GENERAL'S  HOMEOWNER  PROTECTION PROGRAM (HOPP) TOLL-FREE
CONSUMER HOTLINE TO BE CONNECTED TO FREE HOUSING COUNSELING SERVICES  IN
YOUR  AREA AT 1-855-HOME-456 (1-855-466-3456), OR VISIT THEIR WEBSITE AT
HTTP://WWW.AGHOMEHELP.COM/. A STATEWIDE LISTING BY COUNTY IS ALSO AVAIL-
ABLE AT HTTP://WWW.DFS.NY.GOV/CONSUMER/MORTG  NYS  NP  COUNSELING  AGEN-
CIES.HTM.   QUALIFIED FREE HELP IS AVAILABLE; WATCH OUT FOR COMPANIES OR
PEOPLE WHO CHARGE A FEE FOR THESE SERVICES.
  HOUSING COUNSELORS FROM NEW YORK-BASED AGENCIES LISTED ON THE  WEBSITE
ABOVE  ARE  TRAINED  TO  HELP  HOMEOWNERS WHO ARE HAVING PROBLEMS MAKING
THEIR MORTGAGE PAYMENTS AND CAN HELP YOU FIND THE BEST OPTION  FOR  YOUR
SITUATION.  If  you wish, you may also contact us directly at __________
and ask to discuss possible options.
  While we cannot assure that a mutually agreeable resolution is  possi-
ble, we encourage you to take immediate steps to try to achieve a resol-
ution.  The longer you wait, the fewer options you may have.
  If  [this  matter  is  not resolved] YOU HAVE NOT TAKEN ANY ACTIONS TO
RESOLVE THIS MATTER within 90 days from the date this notice was mailed,
we may commence legal action against you (or sooner if you cease to live
in the dwelling as your primary residence.)
  If you need further  information,  please  call  the  New  York  State
Department of Financial Services' toll-free helpline at (show number) or
visit the Department's website at (show web address)".

S. 8159                            42

  IMPORTANT: YOU HAVE THE RIGHT TO REMAIN IN YOUR HOME UNTIL YOU RECEIVE
A COURT ORDER TELLING YOU TO LEAVE THE PROPERTY. IF A FORECLOSURE ACTION
IS FILED AGAINST YOU IN COURT, YOU STILL HAVE THE RIGHT TO REMAIN IN THE
HOME  UNTIL A COURT ORDERS YOU TO LEAVE. YOU LEGALLY REMAIN THE OWNER OF
AND  ARE  RESPONSIBLE FOR THE PROPERTY UNTIL THE PROPERTY IS SOLD BY YOU
OR  BY  ORDER  OF  THE  COURT  AT  THE  CONCLUSION  OF  ANY  FORECLOSURE
PROCEEDINGS.  THIS  NOTICE  IS NOT AN EVICTION NOTICE, AND A FORECLOSURE
ACTION HAS NOT YET BEEN COMMENCED AGAINST YOU.
  2. Such notice shall be sent by the lender or mortgage  loan  servicer
to the borrower, by registered or certified mail and also by first-class
mail  to  the last known address of the borrower, and [if different,] to
the residence which is the subject of the mortgage. Notice is considered
given as of the date it is mailed. The notice shall  contain  a  CURRENT
list  of  [at  least five] United States department of housing and urban
development approved housing counseling agencies, or other housing coun-
seling agencies [as designated by the division of housing and  community
renewal,  that serve the region where the borrower resides.] SERVING THE
COUNTY WHERE THE PROPERTY IS LOCATED FROM THE MOST RECENT LISTING AVAIL-
ABLE FROM THE DEPARTMENT OF FINANCIAL SERVICES. The list  shall  include
the counseling agencies' last known addresses and telephone numbers. The
department  of  financial  services  [and/or the division of housing and
community renewal] shall make available a listing, by  [region]  COUNTY,
of  such  agencies which the lender or mortgage loan servicer may use to
meet the requirements of this section.
  [5.] 6. (a) "Annual percentage rate" means the annual percentage  rate
for  the  loan  calculated  according  to  the provisions of the Federal
Truth-in-Lending Act (15 U.S.C. S 1601, et seq.),  and  the  regulations
promulgated  thereunder  by  the  federal reserve board (as said act and
regulations are amended from time to time).
  (b) "Home loan" means a home loan, including an open-end credit  plan,
other than a reverse mortgage transaction, in which:
  (i) The principal amount of the loan at origination did not exceed the
conforming  loan  size  that was in existence at the time of origination
for a comparable dwelling as established by the federal  national  mort-
gage association;
  (ii) The borrower is a natural person;
  (iii)  The  debt  is  incurred by the borrower primarily for personal,
family, or household purposes;
  (iv) The loan is secured by a mortgage or deed of trust on real estate
upon which there is located or there is to be  located  a  structure  or
structures  intended principally for occupancy of from one to four fami-
lies which is or will be occupied by  the  borrower  as  the  borrower's
principal dwelling; and
  (v) The property is located in this state.
  (c)  "Subprime  home  loan"  for the purposes of this section, means a
home loan consummated between January  first,  two  thousand  three  and
September  first,  two  thousand  eight  in  which the terms of the loan
exceed the threshold as defined in paragraph (d) of this subdivision.  A
subprime  home  loan  excludes  a  transaction  to  finance  the initial
construction of a dwelling, a temporary or "bridge" loan with a term  of
twelve  months  or less, such as a loan to purchase a new dwelling where
the borrower plans to sell a current dwelling within twelve months, or a
home equity line of credit.
  (d) "Threshold" means, for a first  lien  mortgage  loan,  the  annual
percentage  rate  of  the  home  loan at consummation of the transaction
exceeds three percentage points over the yield  on  treasury  securities

S. 8159                            43

having  comparable  periods of maturity to the loan maturity measured as
of the fifteenth day of the month in which the loan was consummated;  or
for  a subordinate mortgage lien, the annual percentage rate of the home
loan  at consummation of the transaction equals or exceeds five percent-
age points over the yield on treasury securities having comparable peri-
ods of maturity on the fifteenth day of the month in which the loan  was
consummated;  as  determined by the following rules: if the terms of the
home loan offer any initial  or  introductory  period,  and  the  annual
percentage rate is less than that which will apply after the end of such
initial  or  introductory  period,  then the annual percentage rate that
shall be taken into account for purposes of this section  shall  be  the
rate which applies after the initial or introductory period.
  (e) "Non-traditional home loan" shall mean a payment option adjustable
rate  mortgage  or  an  interest  only  loan consummated between January
first, two thousand three and September first, two thousand eight.
  (f) For purposes of  determining  the  threshold,  the  department  of
financial  services  shall  publish on its website a listing of constant
maturity yields for U.S. Treasury  securities  for  each  month  between
January  first,  two  thousand  three  and September first, two thousand
eight, as published  in  the  Federal  Reserve  Statistical  Release  on
selected  interest  rates,  commonly referred to as the H.15 release, in
the following maturities, to the extent available in such  release:  six
month,  one year, two year, three year, five year, seven year, ten year,
thirty year.
  (g) "Lender" means a mortgage banker as defined in  paragraph  (f)  of
subdivision  one of section five hundred ninety of the banking law or an
exempt organization as defined in paragraph (e) of  subdivision  one  of
section five hundred ninety of the banking law.
  [6.] 7. The department of financial services shall prescribe the tele-
phone number and web address to be included in the notice.
  S  8.  Subdivision  1 of section 1351 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. The judgment shall direct that the mortgaged premises, or  so  much
thereof  as  may  be  sufficient  to  discharge  the  mortgage debt, the
expenses of the sale and the costs of the action, and which may be  sold
separately without material injury to the parties interested, be sold by
or under the direction of the sheriff of the county, or a referee WITHIN
NINETY DAYS OF THE DATE OF THE JUDGMENT.
  S  9.  Subdivision  1 of section 1353 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. After the property has been sold, the officer conducting  the  sale
shall  execute  a  deed  to  the  purchaser. The plaintiff, or any other
party, may become a purchaser.  IF THE PLAINTIFF (OR ITS  AFFILIATE,  AS
DEFINED  IN  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SIX-L OF THE
BANKING LAW) IS THE PURCHASER, SUCH PARTY SHALL PLACE THE PROPERTY  BACK
ON THE MARKET FOR SALE OR OTHER OCCUPANCY: (A) WITHIN ONE HUNDRED EIGHTY
DAYS  OF THE EXECUTION OF THE DEED OF SALE, OR (B) WITHIN NINETY DAYS OF
COMPLETION OF CONSTRUCTION, RENOVATION, OR REHABILITATION OF THE PROPER-
TY, PROVIDED  THAT  SUCH  CONSTRUCTION,  RENOVATION,  OR  REHABILITATION
PROCEEDED  DILIGENTLY  TO  COMPLETION,  WHICHEVER  COMES FIRST, PROVIDED
HOWEVER, A COURT OF COMPETENT JURISDICTION MAY GRANT  AN  EXTENSION  FOR
GOOD CAUSE.
  S  10.  No  local law, ordinance, or resolution shall impose a duty to
maintain or register vacant and abandoned property as defined in section

S. 8159                            44

1309 of the real property actions and proceedings law in a manner incon-
sistent with the provisions of this act that are related to  maintenance
as  provided  under  subdivision 3, 4, 5, 6 and 7 of section 1308 of the
real  property  actions and proceedings law, or registration as provided
under section 1310 of the real property actions and proceedings law,  or
establish  related  penalties or other monetary obligation, with respect
to a state or federally chartered bank, savings bank, savings  and  loan
association or credit union that originates, owns, services or maintains
mortgages related to such property.
  No local law, ordinance, or resolution shall impose a duty to maintain
vacant  and  abandoned  property  upon  any state or federally chartered
bank, savings bank, savings and loan association or  credit  union  that
originates,  owns, services or maintains mortgages related to such prop-
erty for which the provisions of this act, pursuant to the opening para-
graph of section 1308 of the real property actions and  proceedings  law
as added by section one of this act, do not apply.
  S  11.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law; provided, however, that:
  (a) The amendments to subdivision (a) of rule 3408 of the civil  prac-
tice  law  and rules made by section two of this act shall be subject to
the expiration and reversion of such subdivision pursuant to chapter 507
of the laws of 2009, as amended, when upon such date the  provisions  of
section three of this act shall take effect; and
  (b)  The  amendments  to subdivisions 1, 2, 5 and 6 of section 1304 of
the real property actions and proceedings law made  by  section  six  of
this act shall be subject to the expiration and reversion of such subdi-
visions  pursuant  to  chapter 507 of the laws of 2009, as amended, when
upon such date the provisions of section seven of this  act  shall  take
effect.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through Q of this act shall be
as specifically set forth in the last section of such Parts.