Senate Bill S1634A

2023-2024 Legislative Session

Relates to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information

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Sponsored By

Current Bill Status - In Assembly Committee


  • 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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Votes

Bill Amendments

2023-S1634 - Details

See Assembly Version of this Bill:
A4026
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§1308 & 1310, RPAP L

2023-S1634 - Summary

Relates to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information; provides for the sharing of information between municipalities; provides for enforcement for failure to report on abandoned and vacant properties.

2023-S1634 - Sponsor Memo

2023-S1634 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1634
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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 hundred] ONE THOUSAND 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
 services, in her or his sole discretion, may release the information  if
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05004-01-3
              

co-Sponsors

2023-S1634A - Details

See Assembly Version of this Bill:
A4026
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§1308 & 1310, RPAP L

2023-S1634A - Summary

Relates to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information; provides for the sharing of information between municipalities; provides for enforcement for failure to report on abandoned and vacant properties.

2023-S1634A - Sponsor Memo

2023-S1634A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1634--A
     Cal. No. 200
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first and second report, amended on second report,  ordered
   to  a  third  reading,  and  to be reprinted as amended, retaining its
   place in the order of third reading
 
 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 hundred] ONE THOUSAND 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S1634B (ACTIVE) - Details

See Assembly Version of this Bill:
A4026
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§1308 & 1310, RPAP L

2023-S1634B (ACTIVE) - Summary

Relates to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information; provides for the sharing of information between municipalities; provides for enforcement for failure to report on abandoned and vacant properties.

2023-S1634B (ACTIVE) - Sponsor Memo

2023-S1634B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1634--B
     Cal. No. 200
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, ADDABBO -- read twice and ordered printed,
   and  when  printed  to  be  committed  to  the  Committee  on Housing,
   Construction and Community Development -- reported favorably from said
   committee, ordered to first  and  second  report,  amended  on  second
   report,  ordered  to  a third reading, and to be reprinted as amended,
   retaining its place in the order of third reading -- reported  favora-
   bly  from  said  committee  to  third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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