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Senate Bill S2389

2023-2024 Legislative Session

Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance

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Archive: Last Bill Status - In Assembly Committee

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2023-S2389 (ACTIVE) - Details

See Assembly Version of this Bill:
A10627
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1972, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S6172
2019-2020: S4493
2021-2022: S271
2025-2026: S2546, A3444

2023-S2389 (ACTIVE) - Summary

Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance.

2023-S2389 (ACTIVE) - Sponsor Memo

2023-S2389 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2389
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to title to an abandoned multiple dwelling in a city, town or
   village

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 3 of section 1972 of the real property actions
 and proceedings law, as added by chapter 864 of the  laws  of  1973,  is
 amended to read as follows:
   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 (A)
 commences proceedings to foreclose the mortgage or lien  AND  MOVES  FOR
 THE  APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO COMPLIANCE
 WITH THE APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM  THE  DATE
 OF  APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT
 WITH THE DEPARTMENT or [enters into an agreement with the department  to
 bring  the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED IN
 THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
 provisions of law WITHIN NINETY DAYS FROM THE DATE OF TAKING  POSSESSION
 OR  SUCH  LONGER  PERIOD  AS  MAY  BE  ESTABLISHED BY AGREEMENT WITH THE
 DEPARTMENT.  THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
 RY IN THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO  THIS  ARTICLE
 IF:    (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS DENIED, (II)
 THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00879-01-3

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