NY State Senate Bill 2021-S7792

Senate Bill S7792

Signed By Governor

2021-2022 Legislative Session

Defines vacant and abandoned residential property in relation to mortgage foreclosure actions

download bill text pdf

Archive: Last Bill Status - 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

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Actions

View Actions

	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
Jan 31, 2022	referred to judiciary delivered to assembly passed senate
Jan 24, 2022	ordered to third reading cal.286
Jan 11, 2022	referred to rules

Votes

- Jan 31, 2022 - Floor Vote
  S7792
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 31, 2022
      
      aye (44)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jan 24, 2022 - Rules Committee Vote
  S7792
  
  14
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 24, 2022
      
      aye (14)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (7)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Ritchie

2021-S7792 (ACTIVE) - Details

See Assembly Version of this Bill:: A8849
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §1307, RPAP L

2021-S7792 (ACTIVE) - Summary

Defines vacant and abandoned residential property in relation to mortgage foreclosure actions; establishes plaintiffs in such matters shall maintain the subject property.

2021-S7792 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7792

SPONSOR: PARKER
 
TITLE OF BILL:

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

 
PURPOSE:

This is a chapter amendment that makes changes to the provisions of
L.2021, c.692, to clarify the definition of "vacancy", to promulgate
means by which a property may be deemed abandoned, and to establish a
penalty against plaintiffs who enter residential property without a good
faith belief that the property is vacant or abandoned.

 
SUMMARY OF PROVISIONS:

This legislation amends the underlying chapter by establishing that
vacancy in shall apply the same definition provided in section 1309 of
the Real Property Actions and Proceedings Law.

This legislation adds three means by which a property may be deemed
abandoned, including; when all owners indicate abandonment in writing;
by court order or municipality order either from an initiation by the
court or in response to a tenant complaint that the owner has abandoned
the property; when a tenant on the property sends a complaint to the
foreclosing plaintiff indicating that the owner of the property has
stopped maintaining the property.

Further, the legislation establishes a penalty of $500 against plain-
tiffs who enter residential property without a good faith belief that
the property is vacant or abandoned. The penalty is paid to the
aggrieved owner and/or tenants of residential properties.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 692 of the Laws of 2021. S.1579-A and
A.5923 both passed the Senate and Assembly, respectfully, in June 2021.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2021 amending the real property actions and
proceedings law, in relation to requiring a plaintiff in a mortgage
foreclosure action to maintain the subject property, as proposed in
legislative bills numbers S.1579-A and A.5923, takes effect.

2021-S7792 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7792
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 7792                             2
 
   (2) THE PLAINTIFF HAS RECEIVED NO COMMUNICATION  WITHIN  ONE  WEEK  OF
 POSTING THE NOTICE OF THE OWNER'S INTENTION TO OCCUPY THE PROPERTY.
   (C)  SUCH  PLAINTIFF SHALL HAVE THE RIGHT TO PEACEABLY ENTER UPON SUCH
 PROPERTY, OR TO CAUSE OTHERS TO PEACEABLY ENTER UPON  THE  PROPERTY  FOR
 THE  LIMITED PURPOSE OF INSPECTIONS, REPAIRS AND MAINTENANCE AS REQUIRED
 BY THIS SECTION, OR AS OTHERWISE ORDERED BY  COURT;  PROVIDED,  HOWEVER,
 THAT IF THE PROPERTY IS OCCUPIED BY A TENANT, AT LEAST SEVEN DAYS NOTICE
 MUST  BE  GIVEN TO SUCH TENANT, UNLESS EMERGENCY REPAIRS ARE REQUIRED IN
 WHICH CASE REASONABLE NOTICE SHALL BE PROVIDED TO THE TENANT.
   (D) ANY PLAINTIFF THAT ENTERS A RESIDENTIAL PROPERTY  WITHOUT  A  GOOD
 FAITH  BASIS  FOR BELIEVING THAT THE PROPERTY IS VACANT OR ABANDONED AND
 WHO DOES NOT COMPLY WITH THE  REQUIREMENTS  OF  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  SHALL  BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS THAT
 MAY BE SOUGHT BY THE OWNER OF THE RESIDENTIAL PROPERTY OR ANY TENANT  IN
 LAWFUL  POSSESSION  OF SUCH PROPERTY. THIS PENALTY MAY BE RECOVERED BY A
 PROPERTY OWNER OR TENANT IN LAWFUL OCCUPANCY  OF  SUCH  PROPERTY  EITHER
 WITHIN  THE  FORECLOSURE  ACTION PENDING AGAINST THE SUBJECT RESIDENTIAL
 REAL PROPERTY OR IN A SEPARATE ACTION COMMENCED TO COLLECT THE PENALTY.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2021 amending the real property
 actions and proceedings law relating to requiring a plaintiff in a mort-
 gage foreclosure action to maintain the subject property, as proposed in
 legislative bills numbers S. 1579-A and A. 5923-A, takes effect.

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