Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property in an amount of up to $500 per day for each day such violation persists after the judgement of foreclosure has been issued.
S T A T E O F N E W Y O R K
________________________________________________________________________
8083
2025-2026 Regular Sessions
I N A S S E M B L Y
April 24, 2025
___________
Introduced by M. of A. ROMERO -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to authorizing municipalities and the department of financial
services to seek civil penalties for violations of the duty to main-
tain a foreclosed property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1307 of the real property actions and proceedings
law is amended by adding a new subdivision 3-a to read as follows:
3-A. (A) IN ADDITION TO THE RIGHTS TO ENFORCE CERTAIN OBLIGATIONS AND
RECOVER CERTAIN COSTS PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
VIOLATIONS OF THIS SECTION BY A PLAINTIFF IN A MORTGAGE FORECLOSURE
ACTION MAY BE BROUGHT BEFORE A HEARING OFFICER OR A COURT OF COMPETENT
JURISDICTION BY AN ENTITY AUTHORIZED PURSUANT TO PARAGRAPH (B) OR (C) OF
THIS SUBDIVISION. IF IT SHALL APPEAR TO THE SATISFACTION OF SUCH HEARING
OFFICER OR COURT, BASED ON THE PREPONDERANCE OF THE EVIDENCE, THAT SUCH
PLAINTIFF HAS VIOLATED THIS SECTION, A CIVIL PENALTY MAY BE ISSUED BY
SUCH HEARING OFFICER OR COURT IN THE AMOUNT OF UP TO FIVE HUNDRED
DOLLARS PER DAY FOR EACH DAY SUCH VIOLATION PERSISTED AFTER THE JUDGMENT
OF FORECLOSURE HAS BEEN ISSUED.
(B) THE SUPERINTENDENT OF FINANCIAL SERVICES MAY, AS APPROPRIATE AND
IN SUCH SUPERINTENDENT'S SOLE DISCRETION, PURSUE ANY SUSPECTED VIOLATION
OF THIS SECTION BY A PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION. BEFORE
TAKING SUCH ACTION, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL GIVE
SUCH PLAINTIFF AT LEAST SEVEN DAYS' NOTICE OF SUCH VIOLATION.
(C) THE MUNICIPALITY IN WHICH SUCH RESIDENTIAL REAL PROPERTY IS
LOCATED SHALL HAVE THE RIGHT TO ENFORCE THE OBLIGATIONS DESCRIBED IN
THIS SECTION IN ANY COURT OF COMPETENT JURISDICTION AFTER AT LEAST SEVEN
DAYS' NOTICE TO THE PLAINTIFF IN THE MORTGAGE FORECLOSURE ACTION FOR
SUCH PROPERTY, UNLESS SUCH PROPERTY REQUIRES EMERGENCY REPAIRS TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05092-01-5
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