S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    721
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of A. GLICK, PEOPLES-STOKES, BLAKE, SIMOTAS, CAHILL,
   BICHOTTE, L. ROSENTHAL, LUPARDO, SEAWRIGHT -- Multi-Sponsored by -- M.
   of A.  CUSICK, ENGLEBRIGHT, GOTTFRIED, SIMON -- read once and referred
   to the Committee on Housing

 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  the  disclosure of information provided in the notice to
   the department of housing preservation and development by a  mortgagee
   commencing an action to recover residential real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 27-2109.1 of the  administrative
 code of the city of New York, as added by local law number 4 of the city
 of  New  York  for  the year 2012, is amended and a new subdivision d is
 added to read as follows:
   [(a)] A. 1. Any mortgagee that commences  an  action  in  a  court  of
 competent  jurisdiction in the state of New York to foreclose a mortgage
 on residential real property within the city of New York  shall  provide
 notice to the department, in a form prescribed by the department, within
 fifteen days of service of the pleadings commencing such action. If such
 action  was  commenced  before  the effective date of the local law that
 added this section, and remains  pending  as  of  such  effective  date,
 notification  shall  be  provided  within  thirty days of such effective
 date, provided, however, that no notice shall be  required  for  actions
 commenced  prior to February 13, 2010, regardless of whether such action
 remains pending as of such effective date. Such  notice  shall  include,
 but  need  not be limited to, the following information: (i) the name of
 the mortgagee plaintiff commencing such action and the mailing  address,
 telephone  number  and  e-mail address of such mortgagee plaintiff, and,
 when applicable, the name of a principal or corporate  officer  of  such
 mortgagee  plaintiff,  and  the  mailing  address,  telephone number and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00500-01-9

 A. 721                              2
 
 e-mail address of such principal or corporate officer; (ii) the name  of
 the  defendant in such action; (iii) the identification of such residen-
 tial real property by street address and block and lot number, (iv)  the
 date  of  the  commencement  of such action, (v) the court in which such
 action was commenced, and (vi) such other information as the  department
 may require by rule. For the purposes of this section, "mortgagee" shall
 mean  any  person  that  commences  an action to foreclose a mortgage on
 residential real property including,  but  not  limited  to,  a  lender,
 assignee  or  mortgage  loan  service  provider  that  commences such an
 action.
   2. A mortgagee shall notify the department within fifteen days of  the
 discontinuance  of  an action for which notice pursuant to paragraph one
 of this subdivision has been received by the department, the issuance of
 a judgment in such action, or the sale of the real property as a  result
 of such action.
   3.  The department shall maintain on its website a list of all proper-
 ties with twenty or more units, identified by block and lot number along
 with the name, mailing address and telephone  number  of  the  mortgagee
 plaintiff  and  the  name  of the defendant for which notice pursuant to
 paragraph one of this subdivision has been received. Such list shall  be
 updated  at  a  minimum  on  the  first  business day of each month. The
 department shall report on its website each three months: (i) the  total
 number of foreclosure actions commenced during the immediately preceding
 three months for which notice pursuant to paragraph one of this subdivi-
 sion  has  been  received  by the department, disaggregated by community
 district; and (ii) the total number of foreclosure actions pending,  for
 which  notice pursuant to paragraphs one and two of this subdivision has
 been received by the department, disaggregated  by  community  district.
 The  department shall provide the information provided to it pursuant to
 paragraphs one and two of this subdivision to one or more  agencies  for
 which  the  department  determines  that  such information furthers such
 agency or agencies' duties, including but not limited to the enforcement
 of section 28-210.1 of this code or related provisions, and to any other
 city agency upon request by such agency.
   D. THE INFORMATION PROVIDED IN THE NOTICE SUBMITTED BY  THE  MORTGAGEE
 TO  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION SHALL NOT BE SUBJECT TO
 DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. ALL  SUCH
 INFORMATION SHALL BE USED BY THE DEPARTMENT EXCLUSIVELY FOR THE PURPOSES
 OF  MONITORING  THE  EXTENT OF RESIDENTIAL MORTGAGE FORECLOSURES AND THE
 PROPERTIES SUBJECT TO SUCH FORECLOSURES,  TO  PERFORM  ANALYSES  OF  THE
 INFORMATION SUBMITTED, AND DIRECTING AS APPROPRIATE AVAILABLE PUBLIC AND
 PRIVATE  FORECLOSURE  PREVENTION  AND  COUNSELING  SERVICES TO OWNERS OF
 RESIDENTIAL PROPERTIES THAT ARE THE SUBJECT OF  A  MORTGAGE  FORECLOSURE
 PROCEEDING.  THE DEPARTMENT MAY SHARE INFORMATION RECEIVED IN THE NOTICE
 OR NOTICES SUBMITTED BY THE MORTGAGEE WITH HOUSING  COUNSELING  AGENCIES
 DESIGNATED  BY  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AS WELL AS
 WITH OTHER CITY AGENCIES PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF
 THIS SECTION.
   § 2. This act shall take effect immediately, and shall  be  deemed  to
 have been in full force and effect on and after June 15, 2012.