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This entry was published on 2020-01-10
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SECTION 1111-A
Expedited foreclosure proceedings for vacant and abandoned residential real property
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 11, TITLE 2
§ 1111-a. Expedited foreclosure proceedings for vacant and abandoned
residential real property. 1. Finding of vacancy and abandonment by
affidavit. Except in cities with a population of one million or more, an
enforcing officer or his or her agent may determine that a residential
real property is vacant and abandoned under this section. Such property
may be subject to a redemption period of one year, only if the enforcing
officer or his or her agent makes an affidavit to that effect and the
property has been placed on a local municipal roll, registry or list of
vacant and abandoned property maintained by the taxing municipality.

2. Enforcing officer. (a) For purposes of this section "enforcing
officer" shall mean the person employed by the municipality to enforce
state and local land use regulations such as the New York State Property
Maintenance Code or the New York State Uniform and Fire Prevention and
Building Code, or his or her agent.

(b) The enforcing officer or his or her agent must conduct at least
three consecutive inspections of residential real property believed to
be vacant and abandoned, with each inspection occurring at least thirty
days apart and at different times of the day. The enforcing officer must
include in his or her affidavit the dates and times of inspections and a
statement that each inspection reasonably indicated that no occupant was
present and that there was no evidence of occupancy on the property to
indicate that any persons were residing there.

(c)(1) For purposes of this subdivision, the "evidence of abandonment"
that the enforcing officer or his or her agent considers during such
consecutive inspections shall include but not be limited to any of the
following conditions: (i) overgrown or dead vegetation; (ii) an
accumulation of newspapers, circulars, flyers or mail; (iii) past due
utility notices, disconnected utilities, or utilities not in use; (iv)
an accumulation of trash refuse or other debris; (v) the absence of
window coverings such as curtains, blinds, or shutters; (vi) one or more
boarded, missing or broken windows; (vii) that the property is open to
casual entry or trespass; or (viii) that the property has a building or
structure that is or appears structurally unsound or has any other
condition that presents a potential hazard or danger to the safety of
persons. At least three separate reasonable indications of abandonment
are required for a determination of abandonment by the enforcing officer
or his or her agent observed on each of his or her consecutive
inspections made pursuant to paragraph (b) of this subdivision. A
listing of all indications relied on shall be included in the affidavit
along with the dates and times observed.

(2) Residential real property shall not be deemed vacant and/or
abandoned where such property is: (i) an unoccupied building which is
undergoing construction, renovation or rehabilitation that is proceeding
to completion, and the building is in compliance with all applicable
ordinances, codes, regulations and statutes; (ii) a building occupied on
a seasonal basis; (iii) a building that is the subject of a probate
action, action to quiet title, or other similar ownership dispute; (iv)
a building damaged by a natural disaster and one or more owners intends
to repair and reoccupy the property; or (v) occupied by the taxpayer, a
relative of the taxpayer or a tenant lawfully in possession.

(d) The affidavit required by this subdivision shall include language
indicating the enforcing officer or his or her agent in his or her
professional opinion has made a determination that the property is
vacant and abandoned.

3. Notice. (a) The affidavit described in subdivision two of this
section shall be served on the property owner or owners pursuant to
section three hundred eight of the civil practice law and rules within
one week of having the enforcing officer's signature affixed to it.

(b) The affidavit and copies of all attached pictures, exhibits and
other supporting documentation shall be filed with the clerk of the
town, village, or city in which the real property is located within one
week of having the enforcing officer's or his or her agent's signature
affixed to it.

4. Municipal roll of vacant and abandoned property. (a) All taxing
localities may maintain a roll of vacant and abandoned properties. Such
roll must include the tax identification number of the lot, the name or
names of known legal owners of the property, the date of the finding of
vacant and abandonment pursuant to the enforcing officer's affidavit,
and any other information the municipality deems necessary.

(b) The roll of vacant and abandoned properties shall be made
available to the public.

(c) Upon the placement of any property or lot on the roll, the clerk
of the town, village or city in which the real property is located shall
serve notice on the property owner or owners, pursuant to section three
hundred eight of the civil practice law and rules, that the property has
been placed on the roll and the property may be subject to a reduced
redemption period of one year if delinquent taxes become owing.

(d) For purposes of this section the term "roll" shall include a
registry or list of vacant and abandoned property.

5. Any person or persons, jointly or severably aggrieved under this
section may apply to the supreme court for review by proceeding under
article seventy-eight of the civil practice law and rules. Such
proceeding must be instituted within four months of service of notice on
the property owner.