Senate Bill S4182

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4182
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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.
              

                                                            LBD00195-01-9

 S. 4182                             2
 
   (f) provide basic utilities including,  but  not  limited  to,  water,
 electricity,  natural gas, propane and sewer service, as appropriate 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) remove and remediate any significant  health  and  safety  issues,
 including outstanding code violations;
   (h) take reasonable measures to prevent the growth of harmful mold;
   (i)  respond  to  government  inquiries  regarding property condition,
 subject to restrictions regarding financial privacy; [and]
   (j) ensure that the notice required to be posted in subdivision  three
 of this section remains posted on an easily accessible part of the prop-
 erty that would be reasonably visible to the borrower, property owner or
 occupant so long as the duty to maintain applies; AND
   (K) PAY HOMEOWNERS' ASSOCIATION OR COOPERATIVE FEES AS NEEDED TO MAIN-
 TAIN THE PROPERTY.
   § 2. This act shall take effect immediately.