S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7355
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2017
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to special proceedings to  convey  title  to  abandoned  real
   property to cities, towns or villages

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 19-A of  the  real  property
 actions  and  proceedings  law, as amended by chapter 573 of the laws of
 1982, is amended to read as follows:
                   SPECIAL PROCEEDING TO CONVEY TITLE TO
                    ABANDONED [DWELLING] REAL PROPERTY
                         TO CITY, TOWN OR VILLAGE
   § 2. Section 1970 of the real property actions and proceedings law, as
 amended by chapter 593 of the laws  of  1983,  is  amended  to  read  as
 follows:
   §  1970.  Applicability.  The  department or agency of a city, town or
 village, responsible for [the enforcement of the multiple dwelling  law,
 the  multiple residence law, or any other law, code or ordinance govern-
 ing the occupancy and maintenance of residential property] ENFORCING THE
 MUNICIPALITY'S BUILDING CODE (hereinafter in this article referred to as
 "the department") may institute a  proceeding  in  accordance  with  the
 provisions  of  this article for a judgment vesting in the city, town or
 village title to [a dwelling] REAL PROPERTY which has been abandoned  by
 the  owner.  This  article shall not apply to a one-family or two-family
 dwelling occupied by the owner thereof.
   § 3. Subdivisions 1 and 2 of section 1971 of the real property actions
 and proceedings law, subdivision 1 as amended by chapter 529 of the laws
 of 2008 and subdivision 2 as amended by chapter 496 of the laws of 1983,
 are amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09886-01-7
              

 A. 7355                             2
 
   1. The department may make a finding that [a dwelling]  REAL  PROPERTY
 is abandoned if:
   (a)  In  the  case of an occupied dwelling, the owner has failed for a
 period of at least three consecutive months either to collect rent or to
 institute summary proceedings for nonpayment of rent, and the department
 finds that the dwelling has become a danger to life, health or safety as
 a result of the owner's failure to assume his OR HER responsibility  for
 its  condition.  Such  failure  may be shown by such facts as an owner's
 failure to provide services including, but not limited to,  the  failure
 to make repairs, supply janitorial service, purchase fuel or other need-
 ed  supplies,  or pay utility bills. The appointment of an administrator
 pursuant to article seven-A  of  this  chapter  shall  not  prevent  the
 department from making a finding that a dwelling is abandoned; or
   (b)  In  the  case  of  [a] vacant [dwelling] REAL PROPERTY, it is not
 sealed or continuously guarded as required by law or it was sealed or is
 continuously guarded by a person other  than  the  owner,  a  mortgagee,
 lienor or agent thereof, and either of the following facts exists:
   (i)  A  vacate  order  of  the department or other governmental agency
 currently prohibits occupancy of the [dwelling] REAL PROPERTY; or
   (ii) The tax on such premises has been due and unpaid for a period  of
 at least one year; or
   (III)  THE  PROPERTY  HAS  HAD A ZONING, HOUSING, BUILDING OR PROPERTY
 MAINTENANCE CODE VIOLATION WHICH HAS BEEN CONTINUOUSLY  OUTSTANDING  AND
 NOT  REMEDIATED  FOR  A  PERIOD  OF  AT LEAST ONE YEAR FROM THE DATE THE
 ORIGINAL ORDER TO CORRECT OR NOTICE OF VIOLATION  WAS  SERVED  UPON  THE
 PROPERTY  OWNER  PURSUANT  TO  SUBDIVISION FOUR OF SECTION THREE HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES IF  THE  OWNER  IS  A  NATURAL
 PERSON,  OR  PURSUANT TO SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A,
 THREE HUNDRED ELEVEN OR THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW
 AND RULES IF THE OWNER IS A  PARTNERSHIP,  LIMITED  PARTNERSHIP,  CORPO-
 RATION OR LIMITED LIABILITY COMPANY, RESPECTIVELY, OR
   (c)  In  the  case  of  a building for which an administrator has been
 appointed pursuant to article seven-A of this chapter.
   (i) no motion for the termination of the judgment entered pursuant  to
 article  seven-A  of  this  chapter  has  been granted by the appointing
 court;
   (ii) no mortgagee or lienor has commenced foreclosure proceedings; and
   (iii) at least six months have passed since the granting of a judgment
 appointing an administrator pursuant to article seven-A of this chapter.
   2. When the department finds that [a dwelling] REAL PROPERTY is  aban-
 doned  within  the meaning of this article, it shall make and file among
 its records a certification containing such finding  and  the  facts  on
 which it is based. Further, it shall immediately affix to the [dwelling]
 REAL PROPERTY in a prominent and conspicuous location, a notice that the
 [building]  PROPERTY  has been found to be [an] abandoned [building] and
 that it is a crime to take, remove or otherwise damage  any  fixture  or
 part of the PROPERTY OR ANY building OR structure LOCATED THEREON.
   §  4. Section 1971-a of the real property actions and proceedings law,
 as added by chapter 496 of the laws of  1983,  is  amended  to  read  as
 follows:
   §   1971-a.   Destruction  of  abandoned  [dwellings]  REAL  PROPERTY.
 "Destruction of [an] abandoned [dwelling] REAL PROPERTY" occurs  when  a
 person,  having no right to do so or permission of the department or the
 owner to take, remove or otherwise damage the fixtures or the  structure
 of the building, nor any reasonable ground to believe that he OR SHE has
 such  right  or permission, intentionally removes or damages any fixture

 A. 7355                             3
 
 or part of the structure of a building which has been certified as aban-
 doned in accordance with the  provisions  of  section  nineteen  hundred
 seventy-one of this chapter.
   §  5.  Subdivision  2 of section 1972 of the real property actions and
 proceedings law, as amended by chapter 573  of  the  laws  of  1982,  is
 amended to read as follows:
   2. The department shall serve upon the owner of the [dwelling] PROPER-
 TY,  a copy of the certification. Service shall be made personally or by
 posting in a conspicuous place upon the [dwelling] PROPERTY and  mailing
 a  copy  by registered or certified mail to the last known owner at such
 owner's last known address. In the case of a  dwelling  subject  to  the
 provisions of section three hundred twenty-five of the multiple dwelling
 law, such mailing may be made to the last registered owner at his OR HER
 last registered address. The copy of the certification shall be accompa-
 nied  by a notice stating that proceedings pursuant to this title may be
 instituted unless the owner notifies the department  that  the  property
 has  not  been  abandoned.  Such notification shall be made by a showing
 that the conditions upon which the findings in  such  certification  are
 based  do  not  exist or have been corrected. Such showing shall be made
 not later than thirty days after the date of such notice.
   § 6. The real property actions  and  proceedings  law  is  amended  by
 adding a new section 1972-a to read as follows:
   §  1972-A.  ALTERNATIVE  NOTICE  PROVISIONS.  1. IN LIEU OF THE NOTICE
 PROVISIONS OF SECTION NINETEEN HUNDRED SEVENTY-TWO OF  THIS  ARTICLE,  A
 CITY,  TOWN  OR VILLAGE MAY ELECT TO ADOPT THE NOTICE PROVISIONS OF THIS
 SECTION.
   2. (A) UPON THE FILING OF A COPY OF THE CERTIFICATION  AND  NOTICE  OF
 INTENTION TO COMMENCE PROCEEDINGS PURSUANT TO THIS ARTICLE IN THE OFFICE
 OF  THE  COUNTY  CLERK, THE DEPARTMENT FORTHWITH SHALL CAUSE A NOTICE OF
 INTENTION TO  COMMENCE  PROCEEDINGS  PURSUANT  TO  THIS  ARTICLE  TO  BE
 PUBLISHED  IN  EACH OF THREE NON-CONSECUTIVE WEEKS IN A TWO MONTH PERIOD
 IN AT LEAST TWO NEWSPAPERS DESIGNATED BY THE CITY, TOWN OR VILLAGE.
   (B) EACH NEWSPAPER DESIGNATED FOR  THIS  PURPOSE  SHALL  HAVE  GENERAL
 CIRCULATION  IN  THE CITY, TOWN OR VILLAGE. AN OFFICIAL NEWSPAPER OF THE
 CITY, TOWN OR VILLAGE SHALL BE DEEMED TO  SATISFY  THE  REQUIREMENTS  OF
 THIS  PROVISION.  IN  NEW  YORK  AND BRONX COUNTIES THE NEWSPAPERS TO BE
 DESIGNATED FOR THE PUBLICATION OF SUCH NOTICE OR ANY OTHER PUBLIC NOTICE
 REQUIRED PURSUANT TO THIS ARTICLE SHALL BE THE DAILY LAW JOURNAL  DESIG-
 NATED  BY  THE  JUSTICES OF THE APPELLATE DIVISION OF THE FIRST JUDICIAL
 DEPARTMENT AND ANOTHER NEWSPAPER DESIGNATED BY SUCH JUSTICES PURSUANT TO
 THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF SECTION NINETY-ONE OF  THE
 JUDICIARY LAW.
   (C) SUCH NOTICE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
   "............... COURT,............... COUNTY.
 IN THE MATTER OF A PROCEEDING FOR A JUDGMENT VESTING TITLE TO REAL PROP-
 ERTY  WHICH  HAS  BEEN  ABANDONED BY THE OWNER PURSUANT TO ARTICLE NINE-
 TEEN-A OF THE REAL PROPERTY ACTIONS  AND  PROCEEDINGS  LAW  BY..........
 (INSERT NAME OF CITY, TOWN OR VILLAGE).
       NOTICE OF PROCEEDING TO VEST TITLE TO ABANDONED REAL PROPERTY
   PLEASE   TAKE   NOTICE  THAT  ON  THE........  DAY  OF...............,
 THE............ (INSERT NAME OF CITY, TOWN OR VILLAGE), HEREINAFTER, THE
 "PETITIONER", PURSUANT TO LAW, FILED WITH THE CLERK OF .......... COUNTY
 A PETITION FOR A JUDGMENT VESTING TITLE TO REAL  PROPERTY  ABANDONED  BY
 THE  OWNER  AGAINST  VARIOUS  PARCELS  OF  REAL  PROPERTY. SUCH PETITION
 PERTAINS TO THE FOLLOWING PARCELS: (INSERT THE DESCRIPTION AND THE  NAME

 A. 7355                             4
 
 OF  THE  OWNER  OR OWNERS OF RECORD OF EACH PARCEL AS OF THE DATE OF THE
 FILING OF THE CERTIFICATION).
   EFFECT  OF  FILING: ALL PERSONS HAVING OR CLAIMING TO HAVE AN INTEREST
 IN THE REAL PROPERTY DESCRIBED IN SUCH PETITION ARE HEREBY NOTIFIED THAT
 THE FILING OF SUCH PETITION CONSTITUTES THE COMMENCEMENT  BY  THE  PETI-
 TIONER  OF  A  PROCEEDING IN THE COURT SPECIFIED IN THE CAPTION ABOVE TO
 ACQUIRE TITLE TO SUCH REAL PROPERTY THEREIN DESCRIBED  BY  A  PROCEEDING
 FOR A JUDGMENT AGAINST THE OWNERS WHO ABANDONED SUCH REAL PROPERTY.
   NATURE  OF  PROCEEDING:  SUCH  PROCEEDING  IS BROUGHT AGAINST THE REAL
 PROPERTY ONLY.  NO PERSONAL JUDGMENT WILL BE  ENTERED  HEREIN  FOR  SUCH
 ABANDONMENT.
   PERSONS  AFFECTED:  THIS  NOTICE  IS DIRECTED TO ALL PERSONS OWNING OR
 HAVING OR CLAIMING TO HAVE AN INTEREST IN THE REAL PROPERTY DESCRIBED IN
 SUCH PETITION. SUCH PERSONS ARE HEREBY NOTIFIED FURTHER THAT A DUPLICATE
 OF SUCH PETITION HAS BEEN FILED IN THE OFFICE OF THE DEPARTMENT  OF  THE
 (INSERT  NAME  OF CITY, TOWN OR VILLAGE) AND WILL REMAIN OPEN FOR PUBLIC
 INSPECTION UP TO AND INCLUDING THE DATE SPECIFIED BELOW UNLESS THE OWNER
 NOTIFIES THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
   THE LAST DAY FOR NOTICE BY THE OWNER THAT THE PROPERTY  HAS  NOT  BEEN
 ABANDONED  IS  HEREBY  FIXED  AS  THE .......... DAY OF .......... (HERE
 INSERT A DATE AT LEAST THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICA-
 TION OF THIS NOTICE).
   SERVICE OF ANSWER: EVERY PERSON HAVING ANY RIGHT, TITLE OR INTEREST IN
 OR LIEN UPON ANY PARCEL OF REAL PROPERTY DESCRIBED IN SUCH PETITION  MAY
 SERVE  A  DULY  VERIFIED  ANSWER  UPON  THE  ATTORNEY FOR THE DEPARTMENT
 SETTING FORTH IN DETAIL THE NATURE AND AMOUNT OF HIS OR HER INTEREST AND
 ANY DEFENSE OR OBJECTION TO THE PROCEEDING. SUCH ANSWER MUST BE FILED IN
 THE OFFICE OF THE COUNTY CLERK AND SERVED  UPON  THE  ATTORNEY  FOR  THE
 DEPARTMENT  ON  OR  BEFORE  THE DATE ABOVE MENTIONED AS THE LAST DAY FOR
 NOTICE TO THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
   FAILURE TO ANSWER: IN THE EVENT OF FAILURE TO  ANSWER  BY  ANY  PERSON
 HAVING THE RIGHT TO DO SO, SUCH PERSON SHALL BE FOREVER BARRED AND FORE-
 CLOSED  OF ALL HIS OR HER RIGHT, TITLE AND INTEREST IN AND TO THE PARCEL
 DESCRIBED IN SUCH PETITION AND A JUDGMENT DIVESTING SUCH PERSON  OF  ANY
 RIGHT, TITLE OR INTEREST IN AND TO THE PARCEL DESCRIBED IN SUCH PETITION
 MAY BE TAKEN BY DEFAULT.
   DEPARTMENT:
   ATTORNEY FOR DEPARTMENT:"
   (D)  THE  DEPARTMENT SHALL ON OR BEFORE THE DATE OF THE FIRST PUBLICA-
 TION OF THE NOTICE SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION  CAUSE
 A  COPY OF SUCH NOTICE TO BE POSTED ONCE IN ITS OFFICE AND SHALL CAUSE A
 COPY OF SUCH NOTICE TO BE POSTED IN THE COUNTY COURTHOUSE IN  THE  PLACE
 PROVIDED FOR THE POSTING OF PUBLIC NOTICES.
   (E)  NOTHING  CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE
 THE DEPARTMENT FROM PROVIDING  FOR  ADDITIONAL  PUBLIC  NOTICE  OF  SUCH
 PROCEEDING BY OTHER MEANS, INCLUDING BROADCAST ON THE LOCAL ACCESS CHAN-
 NEL  OF  A  CABLE TELEVISION COMPANY HAVING A FRANCHISE WITHIN THE CITY,
 TOWN OR VILLAGE.
   (F) IF THE SUBSTANCE OF SUCH NOTICE HAS  BEEN  INCORPORATED  INTO  THE
 PETITION  OF  FORECLOSURE,  THE  REQUIREMENTS  OF  THIS SECTION SHALL BE
 SATISFIED IF  THE  PETITION  IS  PUBLISHED  AND  POSTED  IN  THE  MANNER
 PRESCRIBED BY THIS SECTION.
   3.  (A) PARTIES ENTITLED TO NOTICE. THE DEPARTMENT SHALL, ON OR BEFORE
 THE DATE OF THE FIRST PUBLICATION OF THE NOTICE ABOVE SET FORTH, CAUSE A
 NOTICE TO BE MAILED TO (I) EACH OWNER AND ANY OTHER PERSON WHOSE  RIGHT,
 TITLE,  OR  INTEREST  WAS  A  MATTER OF PUBLIC RECORD AS OF THE DATE THE

 A. 7355                             5
 
 CERTIFICATION WAS FILED, WHICH RIGHT, TITLE OR INTEREST WILL BE AFFECTED
 BY A JUDGMENT DIVESTING THE OWNER OF TITLE TO  THE  REAL  PROPERTY,  AND
 WHOSE  NAME  AND  ADDRESS  ARE  REASONABLY ASCERTAINABLE FROM THE PUBLIC
 RECORD,  INCLUDING  THE  RECORDS  IN THE OFFICES OF THE SURROGATE OF THE
 COUNTY, OR FROM MATERIAL SUBMITTED TO THE DEPARTMENT PURSUANT  TO  PARA-
 GRAPH (D) OF THIS SUBDIVISION, AND (II) ANY OTHER PERSON WHO HAS FILED A
 DECLARATION OF INTEREST WHICH HAS NOT EXPIRED.
   (B)  NOTIFICATION  METHOD.  (I) SUCH NOTICE SHALL BE SENT TO EACH SUCH
 PARTY BOTH BY CERTIFIED MAIL AND ORDINARY FIRST CLASS MAIL,  SUBJECT  TO
 THE  PROVISIONS OF SUBPARAGRAPH (IV) OF THIS PARAGRAPH. THE NOTICE SHALL
 BE DEEMED RECEIVED UNLESS BOTH THE CERTIFIED MAILING  AND  THE  ORDINARY
 FIRST  CLASS  MAILING  ARE  RETURNED BY THE UNITED STATES POSTAL SERVICE
 WITHIN FORTY-FIVE DAYS AFTER BEING MAILED. IN THAT EVENT, THE DEPARTMENT
 SHALL ATTEMPT TO OBTAIN AN ALTERNATE MAILING  ADDRESS  FROM  THE  UNITED
 STATES POSTAL SERVICE. WHEN NOTICE IS REQUIRED TO BE SENT TO THE COMMIS-
 SIONER  OF  TAXATION AND FINANCE, AN ALTERNATE NOTICE MAY BE USED BY THE
 DEPARTMENT, IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED  BY  THE  COMMIS-
 SIONER OF TAXATION AND FINANCE.
   (II)  IF  AN  ALTERNATE MAILING ADDRESS IS FOUND, THE DEPARTMENT SHALL
 CAUSE THE NOTICE TO BE MAILED TO SUCH OWNER  AT  SUCH  ADDRESS  BOTH  BY
 CERTIFIED  MAIL  AND  BY ORDINARY FIRST CLASS MAIL.  NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, SUCH OWNER MAY NOTIFY  THE  DEPARTMENT
 THAT THE PROPERTY HAS NOT BEEN ABANDONED OR SERVE A DULY VERIFIED ANSWER
 TO  THE  PETITION  UNTIL EITHER THE THIRTIETH DAY AFTER SUCH MAILING, OR
 THE DATE SPECIFIED BY THE NOTICE OF THE PROCEEDING AS THE LAST  DAY  FOR
 AN ANSWER, WHICHEVER IS LATER.
   (III)  IF  NO ALTERNATE MAILING ADDRESS CAN BE FOUND, THEN IN THE CASE
 OF AN OWNER, THE DEPARTMENT SHALL CAUSE A COPY  OF  SUCH  NOTICE  TO  BE
 POSTED AS PROVIDED HEREIN ON THE PROPERTY TO WHICH THE PETITION RELATES;
 IN  THE  CASE  OF A NON-OWNER, THE DEPARTMENT SHALL CAUSE A COPY OF SUCH
 NOTICE TO BE POSTED IN THE DEPARTMENT AND IN THE OFFICE OF THE CLERK  OF
 THE  COURT  IN  WHICH  THE  PETITION HAS BEEN FILED. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, THE  PARTY  TO  WHOM  SUCH  NOTICE  IS
 DIRECTED  MAY NOTIFY THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABAN-
 DONED OR SERVE A DULY VERIFIED ANSWER TO THE PETITION UNTIL  EITHER  THE
 THIRTIETH  DAY  AFTER SUCH POSTING OR DELIVERY, OR THE DATE SPECIFIED BY
 THE NOTICE OF THE PROCEEDING AS THE LAST DAY FOR AN ANSWER, WHICHEVER IS
 LATER.
   (IV) WHERE AN OWNER IS LISTED AS "UNKNOWN" ON THE  TAX  ROLL  AND  THE
 NAME  OF  SUCH  OWNER  CANNOT  BE FOUND IN THE PUBLIC RECORD, THE NOTICE
 SHALL BE MAILED TO THE PROPERTY ADDRESS BY  ORDINARY  FIRST  CLASS  MAIL
 ADDRESSED  TO "OCCUPANT" AND A COPY THEREOF SHALL BE POSTED ON THE PROP-
 ERTY TO WHICH THE PETITION RELATES.
   (C) POSTING OF NOTICE. WHEN A NOTICE IS REQUIRED TO BE POSTED  ON  THE
 PROPERTY  TO  WHICH  THE  PETITION RELATES PURSUANT TO THIS SECTION, THE
 POSTING SHALL BE DEEMED SUFFICIENT IF IT IS EITHER (I) AFFIXED TO A DOOR
 OF A RESIDENTIAL OR  COMMERCIAL  STRUCTURE  ON  THE  PREMISES,  OR  (II)
 ATTACHED TO A VERTICAL OBJECT, SUCH AS A TREE, POST OR STAKE, AND PLAIN-
 LY  VISIBLE FROM THE ROAD. PROVIDED, THAT IF, WHEN VISITING THE PREMISES
 FOR THIS PURPOSE, THE DEPARTMENT SHOULD  FIND  THEREON  AN  OCCUPANT  OF
 SUITABLE  AGE  AND DISCRETION, HE OR SHE MAY DELIVER SUCH NOTICE TO SUCH
 OCCUPANT IN ADDITION TO OR IN LIEU OF POSTING  IT.  THE  PROCESS  OF  SO
 POSTING  OR  DELIVERING  SUCH  NOTICE SHALL WARRANT THE IMPOSITION OF AN
 EXTRA CHARGE OF ONE HUNDRED DOLLARS AGAINST THE PARCEL, IN  ADDITION  TO
 ANY  OTHER  CHARGES  AUTHORIZED BY SECTION ELEVEN HUNDRED TWENTY-FOUR OF
 THIS CHAPTER AND WITHOUT REGARD TO ANY LIMITATIONS SET FORTH THEREIN.

 A. 7355                             6

   (D) CHANGES OF ADDRESS. IT SHALL BE THE RESPONSIBILITY  OF  ANY  PARTY
 ENTITLED  TO  NOTICE  PURSUANT  TO THIS SECTION TO NOTIFY THE DEPARTMENT
 WHEN HIS, HER OR ITS ADDRESS CHANGES. SUCH NOTIFICATION NEED NOT  BE  IN
 ANY  PARTICULAR  FORM  AS LONG AS IT IS IN WRITING, AFFIRMATIVELY STATES
 THAT  SUCH  PARTY'S ADDRESS HAS CHANGED OR USES LANGUAGE TO THAT EFFECT,
 AND SETS FORTH THE NEW ADDRESS. IT SHALL NOT SUFFICE TO  SUBMIT  TO  THE
 DEPARTMENT AN ITEM THAT MERELY DISPLAYS THE NEW ADDRESS, SUCH AS A CHECK
 UPON  WHICH  THE NEW ADDRESS HAS BEEN IMPRINTED, OR A LETTER OR ENVELOPE
 WHICH USES THE NEW ADDRESS AS THE RETURN ADDRESS, UNLESS SUCH SUBMISSION
 INCLUDES LANGUAGE CLEARLY INDICATING THAT SUCH ADDRESS IS  THAT  PARTY'S
 NEW  ADDRESS. IN THE EVENT THAT A PROCEEDING IS CHALLENGED ON GROUNDS OF
 LACK OF NOTICE, AND THE PARTY RAISING THIS ISSUE  FAILED  TO  PROVIDE  A
 CURRENT  ADDRESS TO THE DEPARTMENT PURSUANT TO THIS PARAGRAPH, THE COURT
 HAVING JURISDICTION MAY TAKE SUCH FAILURE INTO ACCOUNT  WHEN  EVALUATING
 WHETHER REASONABLE NOTICE WAS GIVEN.
   (E)  PUBLIC  RECORD.  FOR  PURPOSES OF THIS SECTION, THE PUBLIC RECORD
 SHALL BE DEEMED TO CONSIST OF THE  BOOKS  MAINTAINED  BY  THE  RECORDING
 OFFICER  OF  THE  COUNTY  IN  WHICH  THE PROPERTY IS LOCATED PURSUANT TO
 SECTION THREE HUNDRED FIFTEEN OF THE REAL PROPERTY LAW, THE  BOOKS  KEPT
 BY THE CLERK OF THE SURROGATE'S COURT OF THE COUNTY IN WHICH THE PROPER-
 TY  IS LOCATED PURSUANT TO SECTION TWENTY-FIVE HUNDRED TWO OF THE SURRO-
 GATE'S COURT PROCEDURE ACT, THE TAX ROLLS IN THE POSSESSION OF THE CITY,
 TOWN OR VILLAGE DATED FROM THE CERTIFICATION OF ABANDONMENT FORWARD.
   4. THE NOTICE TO BE SO MAILED SHALL CONSIST OF (A) A COPY OF THE PETI-
 TION AND, IF NOT SUBSTANTIALLY THE SAME  AS  THE  PETITION,  THE  PUBLIC
 NOTICE  OF  VESTING OF TITLE, PROVIDED THAT SUCH COPIES NEED NOT INCLUDE
 THE DESCRIPTIONS OR THE NAMES OF THE OWNERS OF ANY PARCELS IN WHICH  THE
 ADDRESSEE  DOES  NOT HAVE AN INTEREST, AND (B) A STATEMENT SUBSTANTIALLY
 AS FOLLOWS:
   "TO THE PARTY TO WHOM THE ENCLOSED NOTICE IS ADDRESSED:
   YOU ARE PRESUMED TO OWN OR HAVE A LEGAL INTEREST IN ONE OR MORE OF THE
 PARCELS OF REAL PROPERTY DESCRIBED ON THE ENCLOSED PETITION.
   A PROCEEDING TO VEST TITLE TO SUCH PROPERTY BASED UPON THE ABANDONMENT
 BY THE OWNER HAS BEEN COMMENCED. THIS PROCEEDING WILL RESULT IN THE LOSS
 OF OWNERSHIP OF SUCH PROPERTY AND ALL RIGHTS IN THAT PROPERTY.
   TO AVOID LOSS OF OWNERSHIP OR OF ANY OTHER RIGHTS IN THE PROPERTY, YOU
 MUST INTERPOSE A DULY VERIFIED ANSWER IN THE PROCEEDING. YOU MAY WISH TO
 CONTACT AN ATTORNEY TO PROTECT YOUR RIGHTS.
   AFTER.......... (INSERT THE LAST DATE TO  NOTIFY  THE  DEPARTMENT),  A
 COURT  WILL TRANSFER THE TITLE OF THE PROPERTY TO THE.......... (NAME OF
 THE CITY, TOWN OR VILLAGE) BY MEANS OF A COURT JUDGMENT.
   SHOULD  YOU  HAVE  ANY  QUESTIONS  REGARDING   THIS   NOTICE,   PLEASE
 CALL........  (INSERT THE NAME OF THE OFFICER OR EMPLOYEE OF THE DEPART-
 MENT) AT..........  (INSERT TELEPHONE NUMBER).
   DATED,............... (INSERT DATE)."
   5. (A) AN AFFIDAVIT OF MAILING OF SUCH NOTICE SHALL BE EXECUTED.
   (B) THE FAILURE OF AN INTENDED RECIPIENT TO RECEIVE  ANY  SUCH  NOTICE
 SHALL  NOT  INVALIDATE  THE PROCEEDING OR PREVENT THE ENFORCEMENT OF THE
 SAME AS PROVIDED BY LAW.
   (C) THE SERVICE OF THE NOTICE REQUIRED BY THIS SECTION SHALL BE DEEMED
 TO BE EQUIVALENT TO THE SERVICE OF A  NOTICE  OF  PETITION  PURSUANT  TO
 SECTION FOUR HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
   6.  (A)  NOTHING  CONTAINED  HEREIN SHALL BE CONSTRUED TO PRECLUDE THE
 DEPARTMENT FROM ISSUING, AT ITS DISCRETION,  A  DUPLICATE  OF  ANY  SUCH
 NOTICE, CLEARLY LABELED AS SUCH, THROUGH MEANS OTHER THAN ORDINARY FIRST

 A. 7355                             7
 
 CLASS MAIL, INCLUDING BUT NOT LIMITED TO PERSONAL SERVICE, REGISTERED OR
 CERTIFIED MAIL, FACSIMILE TRANSMISSION, OR ELECTRONIC MAIL.
   (B)  NOTHING  CONTAINED  HEREIN  SHALL  BE  CONSTRUED  TO PRECLUDE THE
 DEPARTMENT FROM ISSUING, AT ITS DISCRETION, ONE OR MORE INFORMAL NOTICES
 TO AN OWNER OR OTHER PARTY PRIOR TO ISSUING THE NOTICE REQUIRED BY  THIS
 SECTION.
   (C)  THE  FAILURE  OF  THE  DEPARTMENT  TO MAIL ANY SUCH DISCRETIONARY
 NOTICE, OR THE FAILURE OF  AN  INTENDED  RECIPIENT  TO  RECEIVE  SUCH  A
 NOTICE,  SHALL  NOT INVALIDATE THE PROCEEDING OR PREVENT THE ENFORCEMENT
 OF THE SAME AS PROVIDED BY LAW.
   7. ANY NOTICE MAILED BY ORDINARY FIRST CLASS  MAIL  PURSUANT  TO  THIS
 SECTION  MAY ALSO BE MAILED IN DUPLICATE BY CERTIFIED MAIL AT THE OPTION
 OF THE DEPARTMENT.
   § 7. Subdivision 1 of section 1973 of the real  property  actions  and
 proceedings  law,  as  amended  by  chapter  593 of the laws of 1983, is
 amended to read as follows:
   1. After all provisions of section  nineteen  hundred  seventy-two  of
 this  article  have  been  complied  with, the department may commence a
 proceeding in a court of competent jurisdiction in the county  in  which
 the [dwelling] PROPERTY is located, to vest title to the property in the
 city, town or village.
   § 8. Subdivisions 1 and 3 of section 1974 of the real property actions
 and proceedings law, subdivision 1 as amended by chapter 573 of the laws
 of 1982 and subdivision 3 as amended by chapter 593 of the laws of 1983,
 are amended to read as follows:
   1.  If  any party to the proceeding contests the issue of abandonment,
 the burden of proving that the [dwelling] PROPERTY is abandoned shall be
 upon the department, and the court shall make a  finding  based  on  the
 facts before it.
   3.  Upon  a finding by the court that the [dwelling] PROPERTY is aban-
 doned, the court shall enter a final judgment in favor of the  petition-
 er.  The fact that an administrator has been appointed pursuant to arti-
 cle seven-A of this chapter shall not prevent the court from entering  a
 final  judgment  in  favor of the petitioner upon a finding by the court
 that the [dwelling] PROPERTY is  abandoned.  The  final  judgment  shall
 direct such officer of the city, town or village in which the [dwelling]
 PROPERTY  is located as may be designated in the judgment to execute and
 record a deed conveying title of the  premises  to  the  city,  town  or
 village  thirty  days  after  entry  of judgment. Upon the entry of such
 judgment the city, town or village shall be seized of an estate  in  fee
 simple absolute in such land and all persons, including the state of New
 York,  infants,  incompetents,  absentees and non-residents who may have
 had any right, title, interest, claim, lien or equity of  redemption  in
 or  upon  such  lands shall be barred and forever foreclosed of all such
 right, title, interest, claim, lien or equity of redemption.
   § 9. This act shall take effect immediately.