EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01842-04-2
S. 9470 2
DEPARTMENT FINDS THAT THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY HAS
BECOME A DANGER TO LIFE, HEALTH OR SAFETY AS A RESULT OF THE OWNER'S
FAILURE TO ASSUME ITS RESPONSIBILITY FOR ITS CONDITION. SUCH FAILURE MAY
BE SHOWN BY SUCH FACTS AS AN OWNER'S FAILURE TO PROVIDE SERVICES INCLUD-
ING, BUT NOT LIMITED TO, THE FAILURE TO MAKE REPAIRS, SUPPLY JANITORIAL
SERVICE, PURCHASE FUEL OR OTHER NEEDED SUPPLIES, OR PAY UTILITY BILLS.
THE APPOINTMENT OF AN ADMINISTRATOR SHALL NOT PREVENT THE DEPARTMENT
FROM MAKING A FINDING THAT A COMMERCIAL OR INDUSTRIAL REAL PROPERTY IS
ABANDONED; OR
(B) IN THE CASE OF A VACANT COMMERCIAL OR INDUSTRIAL REAL PROPERTY, IT
IS NOT SEALED OR CONTINUOUSLY GUARDED AS REQUIRED BY LAW OR IT WAS
SEALED OR IS CONTINUOUSLY GUARDED BY A PERSON OTHER THAN THE OWNER, A
MORTGAGEE, LIENOR OR AGENT THEREOF, AND EITHER OF THE FOLLOWING FACTS
EXISTS:
(I) A VACATE ORDER OF THE DEPARTMENT OR OTHER GOVERNMENTAL AGENCY
CURRENTLY PROHIBITS OCCUPANCY OF THE COMMERCIAL OR INDUSTRIAL REAL PROP-
ERTY; OR
(II) THE TAX ON SUCH PREMISES HAS BEEN DUE AND UNPAID FOR A PERIOD OF
AT LEAST ONE YEAR; OR
(III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY MAINTENANCE
CODE VIOLATION WHICH HAS BEEN CONTINUOUSLY OUTSTANDING AND NOT REMEDI-
ATED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE THE ORIGINAL ORDER
TO CORRECT OR NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER
PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL
PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT TO
SECTION THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR
THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE OWNER
IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY
COMPANY, RESPECTIVELY; OR
(C) IN THE CASE OF A BUILDING FOR WHICH AN ADMINISTRATOR HAS BEEN
APPOINTED:
(I) NO MOTION FOR THE TERMINATION OF THE JUDGMENT HAS BEEN GRANTED BY
THE APPOINTING COURT;
(II) NO MORTGAGEE OR LIENOR HAS COMMENCED FORECLOSURE PROCEEDINGS; AND
(III) AT LEAST SIX MONTHS HAVE PASSED SINCE THE GRANTING OF A JUDGMENT
APPOINTING AN ADMINISTRATOR.
2. WHEN THE DEPARTMENT FINDS THAT A COMMERCIAL OR INDUSTRIAL REAL
PROPERTY IS ABANDONED WITHIN THE MEANING OF THIS ARTICLE, IT SHALL MAKE
AND FILE AMONG ITS RECORDS A CERTIFICATION CONTAINING SUCH FINDING AND
THE FACTS ON WHICH IT IS BASED. FURTHER, IT SHALL IMMEDIATELY AFFIX TO
THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY IN A PROMINENT AND CONSPICU-
OUS LOCATION, A NOTICE THAT THE REAL PROPERTY HAS BEEN FOUND TO BE ABAN-
DONED AND THAT IT IS A CRIME TO TAKE, REMOVE OR OTHERWISE DAMAGE ANY
FIXTURE OR PART OF THE PROPERTY OR ANY BUILDING OR STRUCTURE LOCATED
THEREON.
§ 1982. NOTICE. 1. IF THE DEPARTMENT PROPOSES TO INSTITUTE PROCEEDINGS
PURSUANT TO THIS ARTICLE, IT MAY FILE A COPY OF THE CERTIFICATION AND A
NOTICE OF INTENTION TO COMMENCE SUCH PROCEEDINGS IN THE OFFICE OF THE
CLERK OF THE COUNTY IN WHICH THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY
IS LOCATED. SUCH NOTICE SHALL CONTAIN THE NAMES OF ALL PERSONS REQUIRED
TO BE SERVED PURSUANT TO THIS SECTION AND SHALL OTHERWISE MEET THE
REQUIREMENTS OF SUBDIVISION (B) OF RULE SIXTY-FIVE HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES. THE NOTICE SHALL BE INDEXED BY THE CLERK
IN THE MANNER PRESCRIBED BY SUBDIVISION (C) OF RULE SIXTY-FIVE HUNDRED
ELEVEN OF THE CIVIL PRACTICE LAW AND RULES FOR A NOTICE OF PENDENCY OF
ACTION AND SHALL HAVE THE SAME EFFECT AS SUCH NOTICE. IT SHALL EXPIRE
S. 9470 3
ONE YEAR AFTER FILING, IF NO PROCEEDING PURSUANT TO THIS ARTICLE HAS
BEEN COMMENCED. EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL OF THE
PROVISIONS OF ARTICLE SIXTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES
SHALL BE APPLICABLE TO THE NOTICE FILED PURSUANT TO THIS ARTICLE.
2. THE DEPARTMENT SHALL SERVE UPON THE OWNER OF THE COMMERCIAL OR
INDUSTRIAL REAL PROPERTY, A COPY OF THE CERTIFICATION. SERVICE SHALL BE
MADE PERSONALLY OR BY POSTING IN A CONSPICUOUS PLACE UPON THE COMMERCIAL
OR INDUSTRIAL REAL PROPERTY AND MAILING A COPY BY REGISTERED OR CERTI-
FIED MAIL TO THE LAST KNOWN OWNER AT SUCH OWNER'S LAST KNOWN ADDRESS.
THE COPY OF THE CERTIFICATION SHALL BE ACCOMPANIED BY A NOTICE STATING
THAT PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED UNLESS THE
OWNER NOTIFIES THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
SUCH NOTIFICATION SHALL BE MADE BY A SHOWING THAT THE CONDITIONS UPON
WHICH THE FINDINGS IN SUCH CERTIFICATION ARE BASED DO NOT EXIST OR HAVE
BEEN CORRECTED. SUCH SHOWING SHALL BE MADE NOT LATER THAN THIRTY DAYS
AFTER THE DATE OF SUCH NOTICE.
3. WITHIN FIVE DAYS OF THE SERVICE OF NOTICE ON THE OWNER, A COPY OF
THE CERTIFICATION SHALL BE SERVED ON EACH MORTGAGEE, LIENOR AND LESSEE
OF RECORD, PERSONALLY OR BY REGISTERED MAIL TO THE ADDRESS SET FORTH IN
THE RECORDED INSTRUMENT OR, IF NO ADDRESS APPEARS THEREIN, TO THE PERSON
AT WHOSE REQUEST THE INSTRUMENT WAS RECORDED. SUCH COPY SHALL, IN THE
CASE OF A MORTGAGEE OR LIENOR, BE ACCOMPANIED BY A NOTICE THAT
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED UNLESS THE MORT-
GAGEE OR LIENOR, WITHIN FIFTEEN DAYS OF SUCH MAILING, EITHER COMMENCES
PROCEEDINGS TO FORECLOSE THE MORTGAGE OR LIEN OR ENTERS INTO AN AGREE-
MENT WITH THE DEPARTMENT TO BRING THE BUILDING INTO COMPLIANCE WITH THE
APPLICABLE PROVISIONS OF LAW.
4. IF THE NAME OR ADDRESS OF
(A) THE LAST OWNER OF RECORD, OR
(B) ANY OWNER, MORTGAGEE, LIENOR, OR CLAIMANT AS SHOWN ON RECORDS
MAINTAINED BY ANY CITY OFFICIAL REQUIRED BY ANY LOCAL LAW TO MAINTAIN
RECORDS OF PERSONS ENTITLED TO NOTICE OR PROCESS IN CONNECTION WITH THE
MAINTENANCE OF IN REM FORECLOSURE ACTIONS, OR
(C) THE PERSON LISTED AS THE OWNER OF THE PROPERTY ON THE LATEST
COMPLETED ASSESSMENT ROLL,
IS DIFFERENT FROM THAT REFERRED TO IN SUBDIVISIONS TWO AND THREE OF THIS
SECTION, A COPY OF THE NOTICE TO THE OWNER, OR TO A MORTGAGEE OR LIENOR,
WHICHEVER IS APPLICABLE, SHALL ALSO BE SENT TO SUCH PERSON AT SUCH
ADDRESS BY REGISTERED MAIL.
§ 1982-A. ALTERNATIVE NOTICE PROVISIONS. 1. IN LIEU OF THE NOTICE
PROVISIONS OF SECTION NINETEEN HUNDRED EIGHTY-TWO OF THIS ARTICLE, A
CITY, TOWN, OR VILLAGE MAY ELECT TO ADOPT THE NOTICE PROVISIONS OF THIS
SECTION.
2. (A) UPON THE FILING OF A COPY OF THE CERTIFICATION AND NOTICE OF
INTENTION TO COMMENCE PROCEEDINGS PURSUANT TO THIS ARTICLE IN THE OFFICE
OF THE COUNTY CLERK, THE DEPARTMENT FORTHWITH SHALL CAUSE A NOTICE OF
INTENTION TO COMMENCE PROCEEDINGS PURSUANT TO THIS ARTICLE TO BE
PUBLISHED IN EACH OF THREE NON-CONSECUTIVE WEEKS IN A TWO-MONTH PERIOD
IN AT LEAST TWO NEWSPAPERS DESIGNATED BY THE CITY, TOWN, OR VILLAGE.
(B) EACH NEWSPAPER DESIGNATED FOR THIS PURPOSE SHALL HAVE GENERAL
CIRCULATION IN THE CITY, TOWN, OR VILLAGE. AN OFFICIAL NEWSPAPER OF THE
CITY, TOWN, OR VILLAGE SHALL BE DEEMED TO SATISFY THE REQUIREMENTS OF
THIS PROVISION. IN NEW YORK AND BRONX COUNTIES, THE NEWSPAPERS TO BE
DESIGNATED FOR THE PUBLICATION OF SUCH NOTICE OR ANY OTHER PUBLIC NOTICE
REQUIRED PURSUANT TO THIS ARTICLE SHALL BE THE DAILY LAW JOURNAL DESIG-
NATED BY THE JUSTICES OF THE APPELLATE DIVISION OF THE FIRST JUDICIAL
S. 9470 4
DEPARTMENT AND ANOTHER NEWSPAPER DESIGNATED BY SUCH JUSTICES PURSUANT TO
THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF SECTION NINETY-ONE OF THE
JUDICIARY LAW.
(C) SUCH NOTICE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
"............... COURT,............... COUNTY.
IN THE MATTER OF A PROCEEDING FOR A JUDGMENT VESTING TITLE TO REAL PROP-
ERTY WHICH HAS BEEN ABANDONED BY THE OWNER PURSUANT TO ARTICLE NINE-
TEEN-B OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW BY..........
(INSERT NAME OF CITY, TOWN, OR VILLAGE). NOTICE OF PROCEEDING TO VEST
TITLE TO ABANDONED REAL PROPERTY PLEASE TAKE NOTICE THAT ON THE........
DAY OF..............., THE............ (INSERT NAME OF CITY, TOWN, OR
VILLAGE), HEREINAFTER, THE "PETITIONER", PURSUANT TO LAW, FILED WITH THE
CLERK OF .......... COUNTY A PETITION FOR A JUDGMENT VESTING TITLE TO
REAL PROPERTY ABANDONED BY THE OWNER AGAINST VARIOUS PARCELS OF REAL
PROPERTY. SUCH PETITION PERTAINS TO THE FOLLOWING PARCELS: (INSERT THE
DESCRIPTION AND THE NAME OF THE OWNER OR OWNERS OF RECORD OF EACH PARCEL
AS OF THE DATE OF THE FILING OF THE CERTIFICATION).
EFFECT OF FILING: ALL PERSONS HAVING OR CLAIMING TO HAVE AN INTEREST
IN THE REAL PROPERTY DESCRIBED IN SUCH PETITION ARE HEREBY NOTIFIED THAT
THE FILING OF SUCH PETITION CONSTITUTES THE COMMENCEMENT BY THE PETI-
TIONER OF A PROCEEDING IN THE COURT SPECIFIED IN THE CAPTION ABOVE TO
TITLE TO SUCH REAL PROPERTY THEREIN DESCRIBED BY A PROCEEDING FOR A
JUDGMENT AGAINST THE OWNERS WHO ABANDONED SUCH REAL PROPERTY.
NATURE OF PROCEEDING: SUCH PROCEEDING IS BROUGHT AGAINST THE REAL
PROPERTY ONLY. NO PERSONAL JUDGMENT WILL BE ENTERED HEREIN FOR SUCH
ABANDONMENT.
PERSONS AFFECTED: THIS NOTICE IS DIRECTED TO ALL PERSONS OWNING OR
HAVING OR CLAIMING TO HAVE AN INTEREST IN THE REAL PROPERTY DESCRIBED IN
SUCH PETITION. SUCH PERSONS ARE HEREBY NOTIFIED FURTHER THAT A DUPLICATE
OF SUCH PETITION HAS BEEN FILED IN THE OFFICE OF THE DEPARTMENT OF THE
(INSERT NAME OF CITY, TOWN, OR VILLAGE) AND WILL REMAIN OPEN FOR PUBLIC
INSPECTION UP TO AND INCLUDING THE DATE SPECIFIED BELOW UNLESS THE OWNER
NOTIFIES THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED. THE
LAST DAY FOR NOTICE BY THE OWNER THAT THE PROPERTY HAS NOT BEEN ABAN-
DONED IS HEREBY FIXED AS THE .......... DAY OF .......... (HERE INSERT A
DATE AT LEAST THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF
THIS NOTICE).
SERVICE OF ANSWER: EVERY PERSON HAVING ANY RIGHT, TITLE OR INTEREST IN
OR LIEN UPON ANY PARCEL OF REAL PROPERTY DESCRIBED IN SUCH PETITION MAY
SERVE A DULY VERIFIED ANSWER UPON THE ATTORNEY FOR THE DEPARTMENT
SETTING FORTH IN DETAIL THE NATURE AND AMOUNT OF HIS OR HER INTEREST AND
ANY DEFENSE OR OBJECTION TO THE PROCEEDING. SUCH ANSWER MUST BE FILED IN
THE OFFICE OF THE COUNTY CLERK AND SERVED UPON THE ATTORNEY FOR THE
DEPARTMENT ON OR BEFORE THE DATE ABOVE MENTIONED AS THE LAST DAY FOR
NOTICE TO THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
FAILURE TO ANSWER: IN THE EVENT OF FAILURE TO ANSWER BY ANY PERSON
HAVING THE RIGHT TO DO SO, SUCH PERSON SHALL BE FOREVER BARRED AND FORE-
CLOSED OF ALL HIS OR HER RIGHT, TITLE AND INTEREST IN AND TO THE PARCEL
DESCRIBED IN SUCH PETITION AND A JUDGMENT DIVESTING SUCH PERSON OF ANY
RIGHT, TITLE OR INTEREST IN AND TO THE PARCEL DESCRIBED IN SUCH PETITION
MAY BE TAKEN BY DEFAULT.
DEPARTMENT:
ATTORNEY FOR DEPARTMENT:"
(D) THE DEPARTMENT SHALL ON OR BEFORE THE DATE OF THE FIRST PUBLICA-
TION OF THE NOTICE SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION CAUSE
A COPY OF SUCH NOTICE TO BE POSTED ONCE IN ITS OFFICE AND SHALL CAUSE A
S. 9470 5
COPY OF SUCH NOTICE TO BE POSTED IN THE COUNTY COURTHOUSE IN THE PLACE
PROVIDED FOR THE POSTING OF PUBLIC NOTICES.
(E) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE
THE DEPARTMENT FROM PROVIDING FOR ADDITIONAL PUBLIC NOTICE OF SUCH
PROCEEDING BY OTHER MEANS, INCLUDING BROADCAST ON THE LOCAL ACCESS CHAN-
NEL OF A CABLE TELEVISION COMPANY HAVING A FRANCHISE WITHIN THE CITY,
TOWN, OR VILLAGE.
(F) IF THE SUBSTANCE OF SUCH NOTICE HAS BEEN INCORPORATED INTO THE
PETITION OF FORECLOSURE, THE REQUIREMENTS OF THIS SECTION SHALL BE
SATISFIED IF THE PETITION IS PUBLISHED AND POSTED IN THE MANNER
PRESCRIBED BY THIS SECTION.
3. (A) PARTIES ENTITLED TO NOTICE. THE DEPARTMENT SHALL, ON OR BEFORE
THE DATE OF THE FIRST PUBLICATION OF THE NOTICE ABOVE SET FORTH, CAUSE A
NOTICE TO BE MAILED TO (I) EACH OWNER AND ANY OTHER PERSON WHOSE RIGHT,
TITLE, OR INTEREST WAS A MATTER OF PUBLIC RECORD AS OF THE DATE THE
CERTIFICATION WAS FILED, WHICH RIGHT, TITLE OR INTEREST WILL BE AFFECTED
BY A JUDGMENT DIVESTING THE OWNER OF TITLE TO THE REAL PROPERTY, AND
WHOSE NAME AND ADDRESS ARE REASONABLY ASCERTAINABLE FROM THE PUBLIC
RECORD, INCLUDING THE RECORDS IN THE OFFICES OF THE SURROGATE OF THE
COUNTY, OR FROM MATERIAL SUBMITTED TO THE DEPARTMENT PURSUANT TO PARA-
GRAPH (D) OF THIS SUBDIVISION, AND (II) ANY OTHER PERSON WHO HAS FILED A
DECLARATION OF INTEREST WHICH HAS NOT EXPIRED.
(B) NOTIFICATION METHOD. (I) SUCH NOTICE SHALL BE SENT TO EACH SUCH
PARTY BOTH BY CERTIFIED MAIL AND ORDINARY FIRST CLASS MAIL, SUBJECT TO
THE PROVISIONS OF SUBPARAGRAPH (IV) OF THIS PARAGRAPH. THE NOTICE SHALL
BE DEEMED RECEIVED UNLESS BOTH THE CERTIFIED MAILING AND THE ORDINARY
FIRST CLASS MAILING ARE RETURNED BY THE UNITED STATES POSTAL SERVICE
WITHIN FORTY-FIVE DAYS AFTER BEING MAILED. IN THAT EVENT, THE DEPARTMENT
SHALL ATTEMPT TO OBTAIN AN ALTERNATE MAILING ADDRESS FROM THE UNITED
STATES POSTAL SERVICE. WHEN NOTICE IS REQUIRED TO BE SENT TO THE COMMIS-
SIONER OF TAXATION AND FINANCE, AN ALTERNATE NOTICE MAY BE USED BY THE
DEPARTMENT, IN ACCORDANCE WITH INSTRUCTIONS PRESCRIBED BY THE COMMIS-
SIONER OF TAXATION AND FINANCE.
(II) IF AN ALTERNATE MAILING ADDRESS IS FOUND, THE DEPARTMENT SHALL
CAUSE THE NOTICE TO BE MAILED TO SUCH OWNER AT SUCH ADDRESS BOTH BY
CERTIFIED MAIL AND BY ORDINARY FIRST CLASS MAIL. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, SUCH OWNER MAY NOTIFY THE DEPARTMENT
THAT THE PROPERTY HAS NOT BEEN ABANDONED OR SERVE A DULY VERIFIED ANSWER
TO THE PETITION UNTIL EITHER THE THIRTIETH DAY AFTER SUCH MAILING, OR
THE DATE SPECIFIED BY THE NOTICE OF THE PROCEEDING AS THE LAST DAY FOR
AN ANSWER, WHICHEVER IS LATER.
(III) IF NO ALTERNATE MAILING ADDRESS CAN BE FOUND, THEN IN THE CASE
OF AN OWNER, THE DEPARTMENT SHALL CAUSE A COPY OF SUCH NOTICE TO BE
POSTED AS PROVIDED HEREIN ON THE PROPERTY TO WHICH THE PETITION RELATES;
IN THE CASE OF A NON-OWNER, THE DEPARTMENT SHALL CAUSE A COPY OF SUCH
NOTICE TO BE POSTED IN THE DEPARTMENT AND IN THE OFFICE OF THE CLERK OF
THE COURT IN WHICH THE PETITION HAS BEEN FILED. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE PARTY TO WHOM SUCH NOTICE IS
DIRECTED MAY NOTIFY THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABAN-
DONED OR SERVE A DULY VERIFIED ANSWER TO THE PETITION UNTIL EITHER THE
THIRTIETH DAY AFTER SUCH POSTING OR DELIVERY, OR THE DATE SPECIFIED BY
THE NOTICE OF THE PROCEEDING AS THE LAST DAY FOR AN ANSWER, WHICHEVER IS
LATER.
(IV) WHERE AN OWNER IS LISTED AS "UNKNOWN" ON THE TAX ROLL AND THE
NAME OF SUCH OWNER CANNOT BE FOUND IN THE PUBLIC RECORD, THE NOTICE
SHALL BE MAILED TO THE PROPERTY ADDRESS BY ORDINARY FIRST CLASS MAIL
S. 9470 6
ADDRESSED TO "OCCUPANT" AND A COPY THEREOF SHALL BE POSTED ON THE PROP-
ERTY TO WHICH THE PETITION RELATES.
(C) POSTING OF NOTICE. WHEN A NOTICE IS REQUIRED TO BE POSTED ON THE
PROPERTY TO WHICH THE PETITION RELATES PURSUANT TO THIS SECTION, THE
POSTING SHALL BE DEEMED SUFFICIENT IF IT IS EITHER (I) AFFIXED TO A DOOR
OF A RESIDENTIAL OR COMMERCIAL STRUCTURE ON THE PREMISES, OR (II)
ATTACHED TO A VERTICAL OBJECT, SUCH AS A TREE, POST OR STAKE, AND PLAIN-
LY VISIBLE FROM THE ROAD. PROVIDED, THAT IF, WHEN VISITING THE PREMISES
FOR THIS PURPOSE, THE DEPARTMENT SHOULD FIND THEREON AN OCCUPANT OF
SUITABLE AGE AND DISCRETION, HE OR SHE MAY DELIVER SUCH NOTICE TO SUCH
OCCUPANT IN ADDITION TO OR IN LIEU OF POSTING IT. THE PROCESS OF SO
POSTING OR DELIVERING SUCH NOTICE SHALL WARRANT THE IMPOSITION OF AN
EXTRA CHARGE OF ONE HUNDRED DOLLARS AGAINST THE PARCEL, IN ADDITION TO
ANY OTHER CHARGES AUTHORIZED BY SECTION ELEVEN HUNDRED TWENTY-FOUR OF
THE REAL PROPERTY TAX LAW AND WITHOUT REGARD TO ANY LIMITATIONS SET
FORTH THEREIN.
(D) CHANGES OF ADDRESS. IT SHALL BE THE RESPONSIBILITY OF ANY PARTY
ENTITLED TO NOTICE PURSUANT TO THIS SECTION TO NOTIFY THE DEPARTMENT
WHEN HIS, HER OR ITS ADDRESS CHANGES. SUCH NOTIFICATION NEED NOT BE IN
ANY PARTICULAR FORM AS LONG AS IT IS IN WRITING, AFFIRMATIVELY STATES
THAT SUCH PARTY'S ADDRESS HAS CHANGED OR USES LANGUAGE TO THAT EFFECT,
AND SETS FORTH THE NEW ADDRESS. IT SHALL NOT SUFFICE TO SUBMIT TO THE
DEPARTMENT AN ITEM THAT MERELY DISPLAYS THE NEW ADDRESS, SUCH AS A CHECK
UPON WHICH THE NEW ADDRESS HAS BEEN IMPRINTED, OR A LETTER OR ENVELOPE
WHICH USES THE NEW ADDRESS AS THE RETURN ADDRESS, UNLESS SUCH SUBMISSION
INCLUDES LANGUAGE CLEARLY INDICATING THAT SUCH ADDRESS IS THAT PARTY'S
NEW ADDRESS. IN THE EVENT THAT A PROCEEDING IS CHALLENGED ON GROUNDS OF
LACK OF NOTICE, AND THE PARTY RAISING THIS ISSUE FAILED TO PROVIDE A
CURRENT ADDRESS TO THE DEPARTMENT PURSUANT TO THIS PARAGRAPH, THE COURT
HAVING JURISDICTION MAY TAKE SUCH FAILURE INTO ACCOUNT WHEN EVALUATING
WHETHER REASONABLE NOTICE WAS GIVEN.
(E) PUBLIC RECORD. FOR PURPOSES OF THIS SECTION, THE PUBLIC RECORD
SHALL BE DEEMED TO CONSIST OF THE BOOKS MAINTAINED BY THE RECORDING
OFFICER OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED PURSUANT TO
SECTION THREE HUNDRED FIFTEEN OF THE REAL PROPERTY LAW, THE BOOKS KEPT
BY THE CLERK OF THE SURROGATE'S COURT OF THE COUNTY IN WHICH THE PROPER-
TY IS LOCATED PURSUANT TO SECTION TWENTY-FIVE HUNDRED TWO OF THE SURRO-
GATE'S COURT PROCEDURE ACT, THE TAX ROLLS IN THE POSSESSION OF THE CITY,
TOWN, OR VILLAGE DATED FROM THE CERTIFICATION OF ABANDONMENT FORWARD.
4. THE NOTICE TO BE SO MAILED SHALL CONSIST OF (A) A COPY OF THE PETI-
TION AND, IF NOT SUBSTANTIALLY THE SAME AS THE PETITION, THE PUBLIC
NOTICE OF VESTING OF TITLE, PROVIDED THAT SUCH COPIES NEED NOT INCLUDE
THE DESCRIPTIONS OR THE NAMES OF THE OWNERS OF ANY PARCELS IN WHICH THE
ADDRESSEE DOES NOT HAVE AN INTEREST, AND (B) A STATEMENT SUBSTANTIALLY
AS FOLLOWS: "TO THE PARTY TO WHOM THE ENCLOSED NOTICE IS ADDRESSED: YOU
ARE PRESUMED TO OWN OR HAVE A LEGAL INTEREST IN ONE OR MORE OF THE
PARCELS OF REAL PROPERTY DESCRIBED ON THE ENCLOSED PETITION. A PROCEED-
ING TO VEST TITLE TO SUCH PROPERTY BASED UPON THE ABANDONMENT BY THE
OWNER HAS BEEN COMMENCED. THIS PROCEEDING WILL RESULT IN THE LOSS OF
OWNERSHIP OF SUCH PROPERTY AND ALL RIGHTS IN THAT PROPERTY. TO AVOID
LOSS OF OWNERSHIP OR OF ANY OTHER RIGHTS IN THE PROPERTY, YOU MUST
INTERPOSE A DULY VERIFIED ANSWER IN THE PROCEEDING. YOU MAY WISH TO
CONTACT AN ATTORNEY TO PROTECT YOUR RIGHTS. AFTER.......... (INSERT THE
LAST DATE TO NOTIFY THE DEPARTMENT), A COURT WILL TRANSFER THE TITLE OF
THE PROPERTY TO THE.......... (NAME OF THE CITY, TOWN, OR VILLAGE) BY
MEANS OF A COURT JUDGMENT. SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS
S. 9470 7
NOTICE, PLEASE CALL........ (INSERT THE NAME OF THE OFFICER OR EMPLOYEE
OF THE DEPARTMENT) AT.......... (INSERT TELEPHONE NUMBER).
DATED,............... (INSERT DATE)."
5. (A) AN AFFIDAVIT OF MAILING OF SUCH NOTICE SHALL BE EXECUTED.
(B) THE FAILURE OF AN INTENDED RECIPIENT TO RECEIVE ANY SUCH NOTICE
SHALL NOT INVALIDATE THE PROCEEDING OR PREVENT THE ENFORCEMENT OF THE
SAME AS PROVIDED BY LAW.
(C) THE SERVICE OF THE NOTICE REQUIRED BY THIS SECTION SHALL BE DEEMED
TO BE EQUIVALENT TO THE SERVICE OF A NOTICE OF PETITION PURSUANT TO
SECTION FOUR HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
6. (A) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PRECLUDE THE
DEPARTMENT FROM ISSUING, AT ITS DISCRETION, A DUPLICATE OF ANY SUCH
NOTICE, CLEARLY LABELED AS SUCH, THROUGH MEANS OTHER THAN ORDINARY FIRST
CLASS MAIL, INCLUDING BUT NOT LIMITED TO PERSONAL SERVICE, REGISTERED OR
CERTIFIED MAIL, FACSIMILE TRANSMISSION, OR ELECTRONIC MAIL.
(B) NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO PRECLUDE THE
DEPARTMENT FROM ISSUING, AT ITS DISCRETION, ONE OR MORE INFORMAL NOTICES
TO AN OWNER OR OTHER PARTY PRIOR TO ISSUING THE NOTICE REQUIRED BY THIS
SECTION.
(C) THE FAILURE OF THE DEPARTMENT TO MAIL ANY SUCH DISCRETIONARY, OR
THE FAILURE OF AN INTENDED RECIPIENT TO RECEIVE SUCH A NOTICE, SHALL NOT
INVALIDATE THE PROCEEDING OR PREVENT THE ENFORCEMENT OF THE SAME AS
PROVIDED BY LAW.
7. ANY NOTICE MAILED BY ORDINARY FIRST CLASS MAIL PURSUANT TO THIS
SECTION MAY ALSO BE MAILED IN DUPLICATE BY CERTIFIED MAIL AT THE OPTION
OF THE DEPARTMENT.
§ 1983. COMMENCEMENT OF PROCEEDING. 1. AFTER ALL PROVISIONS OF SECTION
NINETEEN HUNDRED EIGHTY-TWO OF THIS ARTICLE HAVE BEEN COMPLIED WITH, THE
DEPARTMENT MAY COMMENCE A PROCEEDING IN A COURT OF COMPETENT JURISDIC-
TION IN THE COUNTY IN WHICH THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY
IS LOCATED, TO VEST TITLE TO THE PROPERTY IN THE CITY, TOWN, OR VILLAGE.
2. THE PETITION IN SUCH PROCEEDING SHALL BE ACCOMPANIED BY A COPY OF
THE CERTIFICATION AND PROOF BY AFFIDAVIT THAT THE PROVISIONS OF SECTION
NINETEEN HUNDRED EIGHTY-TWO OF THIS ARTICLE HAVE BEEN COMPLIED WITH AND
THAT NO PARTY SERVED WITH THE NOTICE PURSUANT TO SUCH SECTION HAS TAKEN
THE APPROPRIATE ACTION PRESCRIBED THEREIN IN RESPONSE THERETO.
3. A COPY OF THE PETITION SHALL BE SERVED ON ALL PERSONS TO WHOM
NOTICE WAS GIVEN PURSUANT TO SECTION NINETEEN HUNDRED EIGHTY-TWO OF THIS
ARTICLE BY PERSONAL SERVICE PURSUANT TO ARTICLE THREE OF THE CIVIL PRAC-
TICE LAW AND RULES. A NOTICE OF PENDENCY SHALL BE FILED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION SIXTY-FIVE HUNDRED ONE OF THE CIVIL PRAC-
TICE LAW AND RULES. A COPY OF THE PETITION SHALL ALSO BE POSTED IN A
CONSPICUOUS PLACE ON THE PREMISES IN QUESTION, ACCOMPANIED BY A NOTICE
THAT ANY PERSON HAVING OR CLAIMING AN INTEREST IN THE PROPERTY MAY
APPEAR AT THE HEARING THEREON TO PROTECT HIS OR HER INTEREST.
4. THE PETITION SHALL BE NOTICED TO BE HEARD NOT LESS THAN FIFTEEN
DAYS AFTER SERVICE IS COMPLETED ON ALL PARTIES TO THE PROCEEDING.
5. A SPECIAL PROCEEDING PURSUANT TO THIS ARTICLE MAY ALSO BE COMMENCED
BY ORDER TO SHOW CAUSE, IN WHICH CASE THE MANNER OF SERVICE AND THE TIME
AT WHICH THE ORDER IS RETURNABLE SHALL BE AS PRESCRIBED THEREIN BY THE
COURT.
§ 1984. DECISION AND JUDGMENT OF THE COURT. 1. IF ANY PARTY TO THE
PROCEEDING CONTESTS THE ISSUE OF ABANDONMENT, THE BURDEN OF PROVING THAT
THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY IS ABANDONED SHALL BE UPON
THE DEPARTMENT, AND THE COURT SHALL MAKE A FINDING BASED ON THE FACTS
BEFORE IT.
S. 9470 8
2. (A) UPON APPLICATION BY ANY PARTY TO THE PROCEEDING, THE COURT MAY
ORDER A STAY OF THE PROCEEDING FOR SUCH TIME AS THE COURT DEEMS PROPER
TO PERMIT THE MORTGAGEE OR LIENOR TO FORECLOSE ITS MORTGAGE OR LIEN AND
TO PERMIT THE OWNER, MORTGAGOR OR LIENOR TO ENTER THE PROPERTY TO MAKE
REPAIRS OR IF THE PROPERTY BE VACANT TO SEAL OR CONTINUOUSLY GUARD THE
BUILDING AS REQUIRED BY LAW. THE COURT MAY IMPOSE SUCH TERMS UPON THE
OWNER, MORTGAGEE OR LIENOR AS IT DEEMS PROPER FOR THE ISSUANCE OF SAID
ORDER, INCLUDING THE POSTING OF SUCH SECURITY, IF ANY, AS IT MAY
REQUIRE. AT THE EXPIRATION OF THE PERIOD PRESCRIBED BY THE COURT, THE
COURT MAY EXTEND THE TIME OF THE OWNER, MORTGAGEE OR LIENOR TO COMPLY
WITH THE ORDER, DISMISS THE PROCEEDING IF THE OWNER, MORTGAGEE OR LIENOR
HAS SUBSTANTIALLY COMPLIED WITH THE ORDER, OR ISSUE A JUDGMENT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION, IF THE COURT FINDS THAT
THE OWNER, MORTGAGEE OR LIENOR HAS FAILED TO COMPLY WITH THE ORDER.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, IF THE DEPART-
MENT HAS BROUGHT A PROCEEDING PURSUANT TO SECTION NINETEEN HUNDRED
EIGHTY-THREE OF THIS ARTICLE BASED ON A FINDING OF ABANDONMENT PURSUANT
TO PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION NINETEEN HUNDRED EIGHTY-
ONE OF THIS CHAPTER, THE COURT MAY NOT GRANT A STAY FOR MORE THAN SIX
MONTHS, NOR EXTEND IT FOR MORE THAN AN ADDITIONAL THREE MONTHS.
3. UPON A FINDING BY THE COURT THAT THE COMMERCIAL OR INDUSTRIAL REAL
PROPERTY IS ABANDONED, THE COURT SHALL ENTER A FINAL JUDGMENT IN FAVOR
OF THE PETITIONER. THE FACT THAT AN ADMINISTRATOR HAS BEEN APPOINTED AS
TO THE SUBJECT PROPERTY SHALL NOT PREVENT THE COURT FROM ENTERING A
FINAL JUDGMENT IN FAVOR OF THE PETITIONER UPON A FINDING BY THE COURT
THAT THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY IS ABANDONED. THE FINAL
JUDGMENT SHALL DIRECT SUCH OFFICER OF THE CITY, TOWN, OR VILLAGE IN
WHICH THE COMMERCIAL OR INDUSTRIAL REAL PROPERTY IS LOCATED AS MAY BE
DESIGNATED IN THE JUDGMENT TO EXECUTE AND RECORD A DEED CONVEYING TITLE
OF THE PREMISES TO THE CITY, TOWN, OR VILLAGE THIRTY DAYS AFTER ENTRY OF
JUDGMENT. UPON THE ENTRY OF SUCH JUDGMENT THE CITY, TOWN, OR VILLAGE
SHALL BE SEIZED OF AN ESTATE IN FEE SIMPLE ABSOLUTE IN SUCH LAND AND ALL
PERSONS, INCLUDING THE STATE OF NEW YORK, INFANTS, INCOMPETENTS, ABSEN-
TEES AND NON-RESIDENTS WHO MAY HAVE HAD ANY RIGHT, TITLE, INTEREST,
CLAIM, LIEN OR EQUITY OF REDEMPTION IN OR UPON SUCH LANDS SHALL BE
BARRED AND FOREVER FORECLOSED OF ALL SUCH RIGHT, TITLE, INTEREST, CLAIM,
LIEN OR EQUITY OF REDEMPTION.
4. THE PROVISIONS OF SECTION THREE HUNDRED SEVENTEEN OF THE CIVIL
PRACTICE LAW AND RULES SHALL NOT APPLY TO A PROCEEDING INSTITUTED PURSU-
ANT TO THIS ARTICLE. A MOTION OR ACTION TO SET ASIDE A JUDGMENT IN A
PROCEEDING INSTITUTED PURSUANT TO THIS ARTICLE ON THE GROUNDS EITHER
THAT THERE WAS A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE
AS TO NOTICE OR THAT A DEFECT IN THE PROCEEDING PREJUDICED A SUBSTANTIAL
RIGHT OF A PARTY MAY BE INSTITUTED WITHIN NINETY DAYS AFTER THE DEED
VESTING TITLE IN A CITY HAS BEEN RECORDED, BUT NOT THEREAFTER.
5. THE RIGHT, TITLE AND INTEREST OF A PURCHASER OR INCUMBRANCER OF A
PROPERTY AS TO WHICH A DEED VESTING TITLE IN A CITY, TOWN, OR VILLAGE
HAS BEEN RECORDED PURSUANT TO A JUDGMENT OBTAINED THROUGH THIS ARTICLE
SHALL NOT BE AFFECTED OR IMPAIRED BY A MOTION OR ACTION INSTITUTED MORE
THAN NINETY DAYS AFTER SUCH DEED VESTING TITLE IN A CITY, TOWN, OR
VILLAGE HAS BEEN RECORDED.
§ 2. This act shall take effect immediately and shall expire June 30,
2025 when upon such date the provisions of this act shall be deemed
repealed.
