senate Bill S5079A

Signed By Governor
2019-2020 Legislative Session

Enacts the "zombie property remediation act of 2019" relating to foreclosure actions involving abandoned properties

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2019 signed chap.682
Dec 10, 2019 delivered to governor
Jun 20, 2019 returned to senate
passed assembly
Jun 18, 2019 ordered to third reading rules cal.326
substituted for a1859a
Jun 14, 2019 referred to codes
delivered to assembly
passed senate
May 29, 2019 advanced to third reading
May 22, 2019 2nd report cal.
May 21, 2019 1st report cal.884
May 15, 2019 print number 5079a
May 15, 2019 amend and recommit to housing, construction and community development
Apr 08, 2019 referred to housing, construction and community development

Votes

view votes

May 21, 2019 - Housing, Construction and Community Development committee Vote

S5079A
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: May 21, 2019

nay (1)
aye wr (2)

Co-Sponsors

S5079 - Details

See Assembly Version of this Bill:
A1859
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9655
2017-2018: A1563

S5079 - Summary

Enacts the "zombie property remediation act of 2019".

S5079 - Sponsor Memo

S5079 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5079

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 8, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- 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 authorizing municipalities to compel mortgagees either  to
  complete  a  mortgage foreclosure proceeding pursuant to article 13 of
  the real property actions and proceedings law or to  issue  a  certif-
  icate  of  discharge  of  the mortgage for any property which has been
  certified abandoned pursuant to section  1971  of  the  real  property
  actions and proceedings law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "zombie property remediation act of 2019".
  §  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1392 to read as follows:
  § 1392. FORECLOSURE ACTIONS INVOLVING  ABANDONED  PROPERTIES.    IF  A
PROPERTY  HAS  BEEN  CERTIFIED  ABANDONED  PURSUANT  TO SECTION NINETEEN
HUNDRED SEVENTY-ONE OF THIS CHAPTER,  OR  DEEMED  VACANT  AND  ABANDONED
PURSUANT  TO  SECTION  THIRTEEN  HUNDRED NINE OF THIS ARTICLE, THE CITY,
VILLAGE, OR TOWN IN  WHICH  THE  PROPERTY  IS  LOCATED  MAY  COMMENCE  A
PROCEEDING  IN  A COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH
THE PROPERTY IS LOCATED TO COMPEL ANY OR ALL MORTGAGEES TO: (A)  IF  THE
NOTE IS IN DEFAULT, THE MORTGAGEE SHALL COMMENCE A FORECLOSURE PROCEDURE
WITHIN  THREE  MONTHS  AND MOVE THE CASE TO JUDGMENT WITHIN A REASONABLE
TIME PERIOD BUT NOT TO EXCEED ONE YEAR; (B) IF A FORECLOSURE HAS ALREADY
BEEN COMMENCED, FILE THE NECESSARY MOTIONS AND  PAPERWORK  TO  MOVE  THE
CASE TO JUDGMENT FORECLOSURE WITHIN THREE MONTHS; OR (C) ISSUE A CERTIF-
ICATE OF DISCHARGE OF THE MORTGAGE WITHIN THREE MONTHS AND FILE A SATIS-
FACTION OF THE MORTGAGE WITH THE APPROPRIATE LOCAL OFFICE.
  § 3. This act shall take effect immediately.

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

Co-Sponsors

view additional co-sponsors

S5079A (ACTIVE) - Details

See Assembly Version of this Bill:
A1859
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1392, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A9655
2017-2018: A1563

S5079A (ACTIVE) - Summary

Enacts the "zombie property remediation act of 2019".

S5079A (ACTIVE) - Sponsor Memo

S5079A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5079--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 8, 2019
                               ___________

Introduced  by Sens. SKOUFIS, KENNEDY -- 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  commit-
  tee

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to authorizing municipalities to compel mortgagees either  to
  complete  a  mortgage foreclosure proceeding pursuant to article 13 of
  the real property actions and proceedings law or to  issue  a  certif-
  icate  of  discharge  of  the mortgage for any property which has been
  certified abandoned pursuant to section  1971  of  the  real  property
  actions and proceedings law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "zombie property remediation act of 2019".
  §  2.  The  real  property  actions  and proceedings law is amended by
adding a new section 1392 to read as follows:
  § 1392. FORECLOSURE ACTIONS INVOLVING  ABANDONED  PROPERTIES.    IF  A
PROPERTY  HAS  BEEN  CERTIFIED  ABANDONED  PURSUANT  TO SECTION NINETEEN
HUNDRED SEVENTY-ONE OF THIS CHAPTER,  OR  DEEMED  VACANT  AND  ABANDONED
PURSUANT  TO  SECTION  THIRTEEN  HUNDRED NINE OF THIS ARTICLE, THE CITY,
VILLAGE, OR TOWN IN  WHICH  THE  PROPERTY  IS  LOCATED  MAY  COMMENCE  A
PROCEEDING  IN  A COURT OF COMPETENT JURISDICTION IN THE COUNTY IN WHICH
THE PROPERTY IS LOCATED TO COMPEL ANY OR ALL MORTGAGEES TO: (A)  IF  THE
NOTE IS IN DEFAULT, THE MORTGAGEE SHALL COMMENCE A FORECLOSURE PROCEDURE
WITHIN  THREE  MONTHS AND SHALL MEET ALL DEADLINES TO ENSURE THE CASE IS
READY TO BE MOVED TO JUDGMENT WITHIN A REASONABLE TIME PERIOD BUT NOT TO
EXCEED ONE YEAR; (B) IF A FORECLOSURE HAS ALREADY BEEN  COMMENCED,  FILE
THE NECESSARY MOTIONS AND WITHIN THREE MONTHS PAPERWORK TO MOVE THE CASE
TO  JUDGMENT FORECLOSURE WITHIN THREE MONTHS; OR (C) ISSUE A CERTIFICATE
OF DISCHARGE OF THE MORTGAGE WITHIN THREE MONTHS AND FILE A SATISFACTION
OF THE MORTGAGE WITH THE APPROPRIATE LOCAL OFFICE.
  § 3. This act shall take effect immediately.

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