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Senate Bill S1264

2025-2026 Legislative Session

Requires a mortgagor to provide notice of imminent foreclosure

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S1264 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §235-k, RP L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5378
2019-2020: S1055
2021-2022: S57
2023-2024: S6524

2025-S1264 (ACTIVE) - Summary

Requires a mortgagor to provide notice of imminent foreclosure to their tenant or prospective tenant prior to renewing or signing a lease agreement.

2025-S1264 (ACTIVE) - Sponsor Memo

2025-S1264 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1264
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to requiring a  mort-
   gagor  to  provide  notice  of imminent foreclosure to their tenant or
   tenants

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 235-k to read as follows:
   § 235-K. IMMINENT FORECLOSURE. 1. AS USED IN THIS  SECTION,  "IMMINENT
 FORECLOSURE"  SHALL  MEAN A MORTGAGOR HAS RECEIVED NOTICE OF FORECLOSURE
 DELIVERED ALONG WITH A SUMMONS AND COMPLAINT, AS REQUIRED IN SUBDIVISION
 TWO OF SECTION THIRTEEN HUNDRED THREE OF THE REAL PROPERTY  ACTIONS  AND
 PROCEEDINGS LAW.
   2. A MORTGAGOR SHALL, PRIOR TO THE TENANT OR PROSPECTIVE TENANT EITHER
 RENEWING  OR  SIGNING  A  LEASE  AGREEMENT,  DISCLOSE  TO SUCH TENANT OR
 PROSPECTIVE TENANT OF IMMINENT FORECLOSURE.
   3. A MORTGAGOR SHALL SEND A COPY OF THE ORIGINAL SUMMONS AND COMPLAINT
 BY CERTIFIED MAIL TO A TENANT OR PROSPECTIVE TENANT AT LEAST  TWO  WEEKS
 PRIOR TO EITHER RENEWING OR SIGNING A LEASE AGREEMENT.
   4.  A  MORTGAGOR  WHO FAILS TO DISCLOSE TO THEIR TENANT OR PROSPECTIVE
 TENANT PRIOR TO EITHER RENEWING OR SIGNING A LEASE AGREEMENT SHALL PAY A
 CREDIT OF FIVE HUNDRED DOLLARS  TO  THE  TENANT  OR  PROSPECTIVE  TENANT
 AGAINST THE AGREED UPON RENTAL PRICE OF THE LEASE AGREEMENT PER FAILURE,
 IN ADDITION TO ANY OTHER EXISTING EQUITABLE OR STATUTORY REMEDY.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03877-01-5

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