Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 18, 2022 |
signed chap.160 delivered to governor |
Mar 07, 2022 |
returned to senate passed assembly |
Feb 14, 2022 |
ordered to third reading cal.407 substituted for a8849 |
Feb 14, 2022 |
substituted by s7792 |
Feb 10, 2022 |
advanced to third reading cal.407 |
Feb 08, 2022 |
reported |
Feb 01, 2022 |
reported referred to codes |
Jan 18, 2022 |
referred to judiciary |
Assembly Bill A8849
Signed By Governor2021-2022 Legislative Session
Sponsored By
ZINERMAN
Archive: Last Bill Status Via S7792 - Signed by Governor
- 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
Actions
Votes
co-Sponsors
Alicia Hyndman
2021-A8849 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7792
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1307, RPAP L
2021-A8849 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8849 I N A S S E M B L Y January 18, 2022 ___________ Introduced by M. of A. ZINERMAN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to requiring a plaintiff in a mortgage foreclosure action to maintain the subject property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1307 of the real property actions and proceedings law is amended by adding four new paragraphs (a), (b), (c), and (d) to read as follows: (A) A RESIDENTIAL PROPERTY IS DEEMED VACANT FOR THE PURPOSES OF THIS SECTION IF THE RESIDENTIAL PROPERTY MEETS THE DEFINITION OF A "VACANT AND ABANDONED RESIDENTIAL PROPERTY" UNDER SECTION THIRTEEN HUNDRED NINE OF THIS ARTICLE OR THERE IS AN ORDER OR FINDING BY A COURT OF COMPETENT JURISDICTION OR BY THE MUNICIPALITY IN WHICH THE RESIDENTIAL PROPERTY IS LOCATED THAT THE PROPERTY IS VACANT; (B) A RESIDENTIAL PROPERTY IS DEEMED ABANDONED BY THE MORTGAGOR IF: (I) ALL OWNERS OF THE RESIDENTIAL PROPERTY HAVE INDICATED IN WRITING THAT THEY HAVE ABANDONED ALL RIGHTS OF POSSESSION TO THE RESIDENTIAL PROPERTY; (II) THERE IS AN ORDER OR FINDING BY A COURT OF COMPETENT JURISDICTION OR BY THE MUNICIPALITY IN WHICH THE RESIDENTIAL PROPERTY IS LOCATED, EITHER ON THE INITIATIVE OF THE COURT OR MUNICIPALITY OR IN RESPONSE TO A COMPLAINT FILED WITH THE COURT OR MUNICIPALITY BY A TENANT IN LAWFUL OCCUPANCY, THAT THE PROPERTY WAS ABANDONED BY THE MORTGAGOR; OR (III) THE PLAINTIFF RECEIVES A COMPLAINT FROM A TENANT IN LAWFUL OCCU- PANCY OF THE RESIDENTIAL PROPERTY INDICATING THAT THE OWNER OF THE RESI- DENTIAL PROPERTY HAS CEASED MAINTAINING THE PROPERTY AND: (1) THE PLAINTIFF POSTS A NOTICE ON THE RESIDENTIAL PROPERTY THAT WOULD BE REASONABLY VISIBLE TO THE OWNER OF THE PROPERTY INDICATING THAT THE PROPERTY IS DEEMED ABANDONED AND THE OWNER MUST CONTACT THE PLAIN- TIFF AT A NUMBER LISTED ON THE NOTICE IF THE OWNER STILL OCCUPIES OR CLAIMS THE RIGHT TO OCCUPY THE PROPERTY; AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08533-04-2
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