S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5976--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to prohibiting the use of plywood to secure real 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. (A) 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)] I. in cases where the property contains two or  more  points  of
 ingress  or egress, replace no more than one door lock to provide subse-
 quent access to the property;
   [(b)] II. secure, replace or board up broken doors and windows;
   [(c)] III. 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)]  IV.  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)]  V.  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.
              

                                                            LBD08376-03-7

 S. 5976--A                          2
 
   [(f)] VI. provide basic  utilities  including,  but  not  limited  to,
 water, electricity, natural gas, propane and sewer service, as appropri-
 ate  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)] VII. remove and remediate  any  significant  health  and  safety
 issues, including outstanding code violations;
   [(h)]  VIII. take reasonable measures to prevent the growth of harmful
 mold;
   [(i)] IX. respond to government inquiries  regarding  property  condi-
 tion, subject to restrictions regarding financial privacy; and
   [(j)]  X.  ensure that the notice required to be posted in subdivision
 three of this section remains posted on an easily accessible part of the
 property that would be reasonably  visible  to  the  borrower,  property
 owner or occupant so long as the duty to maintain applies.
   (B)  NO  PERSON, MUNICIPALITY OR GOVERNMENTAL ENTITY SHALL USE PLYWOOD
 TO SECURE ANY REAL PROPERTY THAT IS DEEMED VACANT AND ABANDONED BASED ON
 THE CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 2. Paragraph (a) of subdivision 8 of section 1308 of the real  prop-
 erty  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:
   (a) [Violations] EXCEPT FOR VIOLATIONS OF PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION, VIOLATIONS of this section may be heard  before  a
 hearing officer or a court of competent jurisdiction. If it shall appear
 to  the  satisfaction  of the hearing officer or the court, based on the
 preponderance of the evidence, that the mortgagee or agent of a  mortga-
 gee  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.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.