Assembly Bill A7871

2013-2014 Legislative Session

Provides for summary action to foreclose upon vacant and abandoned residential real property

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A7871 (ACTIVE) - Details

See Senate Version of this Bill:
S5719
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §1308, RPAP L
Versions Introduced in 2015-2016 Legislative Session:
A8318, S4498

2013-A7871 (ACTIVE) - Summary

Provides for summary action to foreclose upon vacant and abandoned residential real property.

2013-A7871 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7871

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2013
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to summary action to foreclose mortgages on vacant and aban-
  doned residential property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 1308 to read as follows:
  S  1308. ABANDONED PROPERTY FORECLOSURE SUMMARY PROCEDURE.  1. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "VACANT AND ABANDONED" RESIDENTIAL PROPERTY MEANS RESIDENTIAL REAL
PROPERTY, AS DEFINED IN SECTION THIRTEEN HUNDRED FIVE OF  THIS  ARTICLE,
WITH  RESPECT  TO  WHICH  THE  MORTGAGEE PROVES BY REPORTS, AFFIDAVIT OR
AFFIDAVITS, AFFIRMATION OR AFFIRMATIONS, PHOTOGRAPHS  OR  OTHERWISE,  OR
ANY COMBINATION THEREOF TO THE SATISFACTION OF THE COURT, THAT THE MORT-
GAGED  REAL  PROPERTY  IS  VACANT  AND HAS BEEN ABANDONED. REAL PROPERTY
SHALL BE DEEMED "VACANT AND ABANDONED" IF THE COURT FINDS THAT THE MORT-
GAGED PROPERTY IS NOT OCCUPIED BY A MORTGAGOR OR TENANT PURSUANT TO  AND
AS  EVIDENCED  BY  A  WRITTEN LEASE AGREEMENT IN THE TENANT'S POSSESSION
ENTERED INTO PRIOR TO THE INITIATION OF THE FORECLOSURE ACTION,  AND  AT
LEAST TWO OF THE FOLLOWING CONDITIONS EXIST:
  (I) THE PROPERTY IS NOT MAINTAINED BY A MORTGAGOR IN A MANNER CONSIST-
ENT WITH THE STANDARDS SET FORTH IN SUBDIVISION FIVE OF SECTION THIRTEEN
HUNDRED SEVEN OF THIS ARTICLE;
  (II)  THE  PROPERTY  IS A RISK TO THE HEALTH, SAFETY OR WELFARE OF THE
PUBLIC, OR ANY ADJOINING OR ADJACENT PROPERTY OWNERS, WHICH  EXISTS  DUE
TO   ACTS   OF  VANDALISM,  LOITERING,  CRIMINAL  CONDUCT,  OR  PHYSICAL
DESTRUCTION OR DETERIORATION OF THE PROPERTY;
  (III) THE PROPERTY IS SUBJECT TO AN UNCORRECTED VIOLATION OF A MUNICI-
PAL BUILDING, HOUSING OR SIMILAR CODE DURING THE YEAR  PRECEDING  INITI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11331-01-3
              

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