Assembly Bill A11000

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11000
 
                           I N  A S S E M B L Y
 
                               May 29, 2018
                                ___________
 
 Introduced by M. of A. MORELLE, BRONSON -- read once and referred to the
   Committee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to what constitutes abandonment of property for  purposes  of
   article 19-A of such law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 1971 of the real property  actions
 and  proceedings  law, as amended by chapter 529 of the laws of 2008, is
 amended to read as follows:
   1. The department may make a finding that a dwelling is abandoned if:
   (a) (1) In the case of an occupied dwelling, the owner has failed  for
 a  period of at least three consecutive months either to collect rent or
 to institute summary proceedings for nonpayment of rent, and the depart-
 ment finds that the dwelling has become a  danger  to  life,  health  or
 safety as a result of the owner's failure to assume [his] responsibility
 for its condition. Such failure may be shown by such facts as an owner's
 failure to provide services including, but not limited to[,]:
   (I) the failure to make repairs[,];
   (II) supply janitorial service[,];
   (III) purchase fuel or other needed supplies[, or];
   (IV) pay utility bills; OR
   (V) THE OWNER'S FAILURE TO SATISFY A NOTICE BY THE DEPARTMENT OR OTHER
 GOVERNMENT  AGENCY  TO  REMEDY  A VIOLATION OF A LOCAL ZONING ORDINANCE,
 LOCAL ZONING LAW, BUILDING CODE, SANITATION CODE, HOUSING CODE, PROPERTY
 MAINTENANCE CODE, OR ANY  OTHER  PROVISION  OF  LAW  RELATING  TO  LIFE,
 HEALTH, OR SAFETY FOR MORE THAN ONE YEAR.
   (2) The appointment of an administrator pursuant to article seven-A of
 this chapter shall not prevent the department from making a finding that
 a dwelling is abandoned; or
   (b) In the case of a vacant dwelling[, it]:
   (1)  THE  DEPARTMENT  FINDS  THAT  THE DWELLING HAS BECOME A DANGER TO
 LIFE, HEALTH OR SAFETY AS A RESULT OF  THE  OWNER'S  FAILURE  TO  ASSUME
 RESPONSIBILITY  FOR  ITS  CONDITION.  SUCH  FAILURE MAY BE SHOWN BY SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15019-02-8

 A. 11000                            2
 
 FACTS AS AN OWNER'S FAILURE  TO  PROVIDE  SERVICES  INCLUDING,  BUT  NOT
 LIMITED TO:
   (I) MAKING REPAIRS;
   (II) SUPPLY JANITORIAL SERVICE;
   (III) PURCHASE FUEL OR OTHER NEEDED SUPPLIES;
   (IV) PAY UTILITY BILLS; OR
   (V)  SATISFYING  A NOTICE BY THE DEPARTMENT OR OTHER GOVERNMENT AGENCY
 TO REMEDY A VIOLATION OF A LOCAL ZONING  ORDINANCE,  LOCAL  ZONING  LAW,
 BUILDING CODE, SANITATION CODE, HOUSING CODE, PROPERTY MAINTENANCE CODE,
 OR  ANY  OTHER  PROVISION OF LAW RELATING TO LIFE, HEALTH, OR SAFETY FOR
 MORE THAN ONE YEAR; OR
   (2) SUCH DWELLING is not sealed or continuously guarded as required by
 law or it was sealed or is continuously guarded by a person  other  than
 the  owner,  a  mortgagee,  lienor  or  agent thereof, and either of the
 following facts exists:
   (i) A vacate order of the  department  or  other  governmental  agency
 currently prohibits occupancy of the dwelling; or
   (ii)  The tax on such premises has been due and unpaid for a period of
 at least one year; or
   (c) In the case of a building for  which  an  administrator  has  been
 appointed pursuant to article seven-A of this chapter[.]:
   [(i)] (1) no motion for the termination of the judgment entered pursu-
 ant  to article seven-A of this chapter has been granted by the appoint-
 ing court;
   [(ii)]  (2)  no  mortgagee  or  lienor   has   commenced   foreclosure
 proceedings; and
   [(iii)]  (3)  at  least six months have passed since the granting of a
 judgment appointing an administrator pursuant to article seven-A of this
 chapter.
   § 2. This act shall take effect immediately.