S T A T E O F N E W Y O R K
________________________________________________________________________
1423
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
___________
Introduced by M. of A. WEINSTEIN, JAFFEE, ABINANTI, TITONE, M. G. MILL-
ER, HYNDMAN, COLTON -- Multi-Sponsored by -- M. of A. CAHILL, GLICK,
GOTTFRIED, MAGNARELLI, NOLAN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to title to an abandoned multiple dwelling in a city, town or
village
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 1972 of the real property actions
and proceedings law, as added by chapter 864 of the laws of 1973, is
amended to read as follows:
3. Within five days of the service of notice on the owner, a copy of
the certification shall be served on each mortgagee, lienor and lessee
of record, personally or by registered mail to the address set forth in
the recorded instrument or, if no address appears therein, to the person
at whose request the instrument was recorded. Such copy shall, in the
case of a mortgagee or lienor, be accompanied by a notice that
proceedings pursuant to this article may be instituted unless the mort-
gagee or lienor, within fifteen days of such mailing, either (A)
commences proceedings to foreclose the mortgage or lien AND MOVES FOR
THE APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO COMPLIANCE
WITH THE APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE
OF APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT
WITH THE DEPARTMENT or [enters into an agreement with the department to
bring the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED IN
THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
provisions of law WITHIN NINETY DAYS FROM THE DATE OF TAKING POSSESSION
OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE
DEPARTMENT. THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
RY IN THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO THIS ARTICLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02826-01-7
A. 1423 2
IF: (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS DENIED, (II)
THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
CABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE OF APPOINTMENT
OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE
DEPARTMENT; OR (III) THE MORTGAGEE OR LIENOR IN POSSESSION FAILS TO
BRING THE BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW
WITHIN NINETY DAYS FROM THE DATE OF TAKING POSSESSION OR SUCH LONGER
PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE DEPARTMENT.
§ 2. This act shall take effect on the one hundred twentieth day
after it shall have become a law and shall apply to proceedings
commenced on or after such date.