Senate Bill S5800

2017-2018 Legislative Session

Relates to inspecting, securing and maintaining vacant and abandoned residential real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-S5800 (ACTIVE) - Details

See Assembly Version of this Bill:
A6470
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1308, RPAP L
Versions Introduced in 2019-2020 Legislative Session:
S4182, A1800

2017-S5800 (ACTIVE) - Summary

Requires a servicer in a mortgage foreclosure action of residential real property to pay homeowners' association or cooperative fees as needed to maintain the property.

2017-S5800 (ACTIVE) - Sponsor Memo

2017-S5800 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5800
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Housing, Construction and
   Community Development
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to inspecting, securing and maintaining vacant and abandoned
   residential property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 1308 of the real property actions
 and proceedings law, as added by section 1 of part Q of  chapter  73  of
 the laws of 2016, is amended to read as follows:
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.