S T A T E O F N E W Y O R K
________________________________________________________________________
4026--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. L. ROSENTHAL, SHIMSKY, MAHER -- read once and
referred to the Committee on Judiciary -- 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 penalties for failure to comply with maintenance and
reporting of vacant and abandoned properties, and reporting and
release of information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 8 of section 1308 of the real
property actions and proceedings law, as added by section 1 of part Q of
chapter 73 of the laws of 2016, is amended to read as follows:
(a) Violations of this section may be heard before a hearing officer
or a court of competent jurisdiction. If it shall appear to the satis-
faction of the hearing officer or the court, based on the preponderance
of the evidence, that the mortgagee or agent of a mortgagee has violated
this section, a civil penalty may be issued by the hearing officer or
the court in the amount of up to [five] SIX hundred FIFTY dollars per
day per property for each day the violation persisted.
§ 2. Subdivision 1 of section 1310 of the real property actions and
proceedings law, as added by section 4 of part Q of chapter 73 of the
laws of 2016, is amended to read as follows:
1. The department of financial services shall maintain a statewide
vacant and abandoned property registry in the form of an electronic
database. The department of financial services may, in accordance with
the applicable provisions of the state finance law, retain a private
contractor to administer such database for the purposes of satisfying
this requirement. The information provided to the department of finan-
cial services pursuant to this section shall be deemed and treated
confidential, provided however, the superintendent of financial
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05004-05-3
A. 4026--A 2
services, in her or his sole discretion, may release the information if
it is in the best interest of the public. Any such released information
shall continue to be treated confidentially by the parties. The depart-
ment of financial services shall, upon written request, provide public
officials of any state district, county, city, town or village with
access to information specific to such public official's district, coun-
ty, city, town or village maintained on such database to further the
purposes of this section, section thirteen hundred seven of this article
or article nineteen-A of this chapter, or any other related law, code,
rule, regulation or ordinance, AND SUCH STATE DISTRICT, COUNTY, CITY,
TOWN OR VILLAGE THAT RECEIVES SUCH INFORMATION FROM THE DEPARTMENT OF
FINANCIAL SERVICES MAY SHARE SUCH INFORMATION WITH ANOTHER STATE
DISTRICT, COUNTY, CITY, TOWN, VILLAGE OR MUNICIPAL LANDBANK FOR THE
PURPOSE OF COORDINATING AND COOPERATING TO FURTHER THE PURPOSES OF THIS
SECTION, SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE OR ARTICLE NINE-
TEEN-A OF THIS CHAPTER OR ANY OTHER RELATED LAW, CODE, RULE, REGULATION
OR ORDINANCE.
§ 3. Subdivision 2 of section 1310 of the real property actions and
proceedings law, as added by section 4 of part Q of chapter 73 of the
laws of 2016, is amended to read as follows:
2. A lender, assignee or mortgage loan servicer shall submit or cause
to be submitted to the department of financial services information
required by the superintendent of financial services about any vacant
and abandoned residential real property, as that term is defined in
subdivision two of section thirteen hundred nine of this article, or as
the superintendent of financial services may otherwise define that term,
within twenty-one business days of when the lender, assignee or mortgage
loan servicer learns, or should have learned, that such property is
vacant and abandoned. Such information shall, at a minimum, include: (a)
the current name, TITLE, MAILING address, ADDRESS FOR SERVICE OF PROC-
ESS, and contact information, INCLUDING DIRECT PHONE NUMBER AND EMAIL
ADDRESS for [the] EACH lender, assignee [or] AND mortgage loan servicer
responsible for maintaining the vacant property, AND FOR EACH LENDER,
ASSIGNEE AND MORTGAGE LOAN SERVICER THAT IS AUTHORIZED OR REQUIRED TO
PROVIDE FUNDS FOR THE MAINTENANCE OF SUCH PROPERTY; (b) whether a fore-
closure action has been filed for the property in question, and, if so,
the date on which the foreclosure action was commenced; and (c) the last
known address and contact information for [the mortgagor(s)] ANY MORTGA-
GOR of record.
§ 4. Section 1310 of the real property actions and proceedings law is
amended by adding a new subdivision 6 to read as follows:
6. (A) THIS SECTION MAY BE ENFORCED IN THE SAME MANNER AS PROVIDED IN
PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION EIGHT OF SECTION THIRTEEN
HUNDRED EIGHT OF THIS ARTICLE.
(B) A VIOLATION OF THIS SECTION MAY BE HEARD BEFORE A HEARING OFFICER
OR A COURT OF COMPETENT JURISDICTION. IF IT SHALL APPEAR TO THE SATIS-
FACTION OF THE HEARING OFFICER OR THE COURT, BASED ON THE PREPONDERANCE
OF THE EVIDENCE, THAT THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER HAS
VIOLATED THIS SECTION BY FAILING TO SUBMIT OR TO CAUSE TO BE SUBMITTED
TO THE DEPARTMENT OF FINANCIAL SERVICES ANY INFORMATION REQUIRED BY THE
SUPERINTENDENT OF FINANCIAL SERVICES ABOUT ANY VACANT AND ABANDONED
PROPERTY PURSUANT TO THIS SECTION, OR FAILING TO MAKE AN AMENDED
SUBMISSION WHEN ANY SUCH INFORMATION HAS MATERIALLY CHANGED SINCE THE
LATEST SUBMISSION, AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, A
CIVIL PENALTY MAY BE ISSUED BY THE HEARING OFFICER OR THE COURT IN THE
A. 4026--A 3
AMOUNT OF UP TO FIVE THOUSAND DOLLARS PER PROPERTY FOR EACH SUCH FAIL-
URE.
§ 5. Section 1310 of the real property actions and proceedings law is
amended by adding a new subdivision 7 to read as follows:
7. THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PUBLISH ON OR BEFORE
FEBRUARY FIFTEENTH EACH YEAR AN ANNUAL REPORT PRESENTING DATA REGARDING
PROPERTIES THAT APPEARED ON THE REGISTRY DURING THE MOST RECENT YEAR
ENDING DECEMBER THIRTY-FIRST. SUCH DATA SHALL, AT A MINIMUM, INCLUDE,
FOR EACH COUNTY, CITY, AND TOWN, THE TOTAL NUMBER OF PROPERTIES AND THE
TOTAL NUMBER OF DWELLING UNITS IN SUCH PROPERTIES: (A) INCLUDED IN THE
REGISTRY AT THE BEGINNING OF THE YEAR, (B) ADDED TO THE REGISTRY DURING
THE YEAR, (C) REMOVED FROM THE REGISTRY DURING THE YEAR, AND (D)
INCLUDED IN THE REGISTRY AT THE END OF THE YEAR. FOR PROPERTIES INCLUDED
IN THE REGISTRY AT THE END OF THE YEAR, THE DATA SHALL INDICATE, FOR
EACH COUNTY, CITY, OR TOWN, HOW MANY PROPERTIES AND DWELLING UNITS IN
SUCH PROPERTIES HAVE BEEN INCLUDED IN THE REGISTRY FOR (I) SIX CONSEC-
UTIVE MONTHS OR LESS, (II) ONE YEAR OR LESS, (III) TWO YEARS OR LESS,
(IV) THREE YEARS OR LESS, OR (V) LONGER THAN THREE YEARS.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.