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This entry was published on 2014-09-22
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SECTION 1972
Notice
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 19-A
§ 1972. Notice. 1. If the department proposes to institute proceedings
pursuant to this article, it may file a copy of the certification and a
notice of intention to commence such proceedings in the office of the
clerk of the county in which the dwelling is located. Such notice shall
contain the names of all persons required to be served pursuant to this
section and shall otherwise meet the requirements of subdivision (b) of
section six thousand five hundred eleven of the civil practice law and
rules. The notice shall be indexed by the clerk in the manner prescribed
by subdivision (c) of section sixty-five hundred eleven of the civil
practice law and rules for a notice of pendency of action and shall have
the same effect as such notice. It shall expire one year after filing,
if no proceeding pursuant to this article has been commenced. Except as
otherwise provided herein, all of the provisions of article sixty-five
of the civil practice law and rules shall be applicable to the notice
filed pursuant to this article.

2. The department shall serve upon the owner of the dwelling, a copy
of the certification. Service shall be made personally or by posting in
a conspicuous place upon the dwelling and mailing a copy by registered
or certified mail to the last known owner at such owner's last known
address. In the case of a dwelling subject to the provisions of section
three hundred twenty-five of the multiple dwelling law, such mailing may
be made to the last registered owner at his last registered address. The
copy of the certification shall be accompanied by a notice stating that
proceedings pursuant to this title may be instituted unless the owner
notifies the department that the property has not been abandoned. Such
notification shall be made by a showing that the conditions upon which
the findings in such certification are based do not exist or have been
corrected. Such showing shall be made not later than thirty days after
the date of such notice.

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
mortgagee or lienor, within fifteen days of such mailing, either
commences proceedings to foreclose the mortgage or lien or enters into
an agreement with the department to bring the building into compliance
with the applicable provisions of law.

4. If the name or address of

(a) the last owner of record; or

(b) any owner, mortgagee, lienor, or claimant as shown on records
maintained by any city official required by any local law to maintain
records of persons entitled to notice or process in connection with the
maintenance of in rem foreclosure actions;

(c) the person listed as the owner of the property on the latest
completed assessment roll,
is different from that referred to in subdivisions two and three of this
section, a copy of the notice to the owner, or to a mortgagee or lienor,
whichever is applicable, shall also be sent to such person at such
address by registered mail.