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

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 (11)
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

S7792 (ACTIVE) - Details

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

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.

S7792 (ACTIVE) - Sponsor Memo

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

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