Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 504-A
Abandoned dwellings and mortgage foreclosures in Nassau, Suffolk or Westchester county
General Municipal (GMU) CHAPTER 24, ARTICLE 15
§ 504-a. Abandoned dwellings and mortgage foreclosures in Nassau,
Suffolk or Westchester county. 1. Following site designation, pursuant
to section five hundred four of this article, a municipality or an urban
renewal or community development agency in Nassau, Suffolk or
Westchester county may certify a one, two or three family dwelling as
abandoned. Upon such certification, an action to foreclose any mortgage
on such dwelling may be commenced by. Process in such action shall be
served pursuant to subdivision four upon natural persons who are record
owners.

2. Said certification of abandonment may be made if such municipality
or agency finds that: (a) all or a part of the subject property lies
within an area that has been designated by the governing body as in need
of urban renewal, pursuant to such section five hundred four; (b) the
subject property has been vacant for sixty consecutive days; and, (c) in
the opinion of the certifying municipality or agency the subject
property has become a danger to life, public health or public safety
and/or has, because of its physical condition and appearance, caused a
blighting influence to surrounding properties and is adversely affecting
neighborhood property values.

3. Said premises shall be deemed vacant within the meaning of
paragraph (b) of subdivision two of this section if three or more of the
following conditions exist: (a) termination of service by the lighting
company, which termination has lasted for fifteen days; or (b)
termination of telephone service by the telephone company, which
termination has lasted for fifteen days; or (c) failure to maintain the
premises in reasonably good repair; or (d) information from the
neighbors that the premises have been vacant for sixty days or more; or
(e) accumulation of mail at the premises; or (f) blatant evidence of
vandalism; or (g) lack of furnishings inside the premises.

4. Upon said certification of abandonment, the certifying municipality
or agency may file or record in the office of the clerk of each county
in which all or a part of the subject property is situated, without fee,
a certification containing such findings and the facts upon which it is
based, describing the property and providing that an action to foreclose
any mortgage on said property, may be commenced by filing of the summons
and verified complaint with personal service to be made either as
provided in subdivisions one through four of section three hundred eight
of the civil practice law and rules, or, with respect to natural persons
who are record owners, by publishing, without the necessity for a court
order, of a copy of the summons together with notice to the defendant, a
brief statement of the nature of the action and the relief sought, the
sum of money for which judgment may be taken in case of default, and a
brief description of the property, at least once in each of three
successive weeks in a newspaper in the English language of general
circulation in the municipality wherein all or a part of the property
lies and by mailing a copy of the summons and verified complaint to the
last known address of the record owner or owners of the premises,
certified mail, return receipt requested and by tacking a copy of the
summons and verified complaint, to the front door of the premises.
Service shall be deemed complete twenty days after the last date of
publication, date of mailing or date of posting, whichever occurs last.

5. All other parties to the lawsuit, other than record owners, shall
be served with the summons and verified complaint as presently provided
in the CPLR.