S T A T E O F N E W Y O R K
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9341--A
I N A S S E M B L Y
April 16, 2014
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Introduced by M. of A. WEINSTEIN, JAFFEE, ROSENTHAL, LUPARDO, JACOBS,
THIELE, GOTTFRIED, ZEBROWSKI, STECK, CLARK, PEOPLES-STOKES, MAGNAREL-
LI, MOSLEY, BUCHWALD, ABBATE, COLTON, ROBINSON, GALEF, MARKEY, SCAR-
BOROUGH, CAMARA, TITONE, DAVILA, RYAN, MAYER, COOK, BRAUNSTEIN,
ABINANTI, WEPRIN, BROOK-KRASNY, FAHY, McDONALD, ORTIZ, GOLDFEDER,
SANTABARBARA -- Multi-Sponsored by -- M. of A. BRENNAN, PERRY, RIVERA,
SKARTADOS, SWEENEY -- (at request of the Department of Law) -- read
once and referred to the Committee on Judiciary -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT establishing the "New York state abandoned property neighborhood
relief act of 2014"; and to amend the real property actions and
proceedings law, in relation to the duty of the mortgagee or its loan
servicing agent to maintain property secured by delinquent mortgage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "New York
state abandoned property neighborhood relief act of 2014".
S 2. Section 1307 of the real property actions and proceedings law, as
added by chapter 507 of the laws of 2009, is amended to read as follows:
S 1307. Duty to maintain [foreclosed] property SECURED BY DELINQUENT
MORTGAGE. 1. [A plaintiff in a mortgage foreclosure action who obtains
a judgment of foreclosure and sale pursuant to section thirteen hundred
fifty-one of this article, involving residential real property, as
defined in section thirteen hundred five of this article, that is
vacant, or becomes vacant after the issuance of such judgment, or is
abandoned by the mortgagor but occupied by a tenant] (A) WITH RESPECT TO
A MORTGAGE LOAN SECURED BY RESIDENTIAL REAL PROPERTY, as defined under
section thirteen hundred five of this article, WHERE THE PROPERTY IS
"VACANT AND ABANDONED" AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION
OR A FORECLOSURE ACTION HAS BEEN COMMENCED AGAINST THE PROPERTY BECAUSE
THE MORTGAGOR HAS FAILED TO MAINTAIN THE PROPERTY OR WHERE A JUDGMENT OF
FORECLOSURE UNDER SECTION THIRTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE HAS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13184-08-4
A. 9341--A 2
BEEN OBTAINED ON THE PROPERTY THAT HAS BEEN ABANDONED BY THE MORTGAGOR
BUT REMAINS OCCUPIED BY A TENANT LAWFULLY IN POSSESSION, THE MORTGAGEE
OR ITS LOAN SERVICING AGENT shall maintain such property until such time
as ownership has been transferred through the closing of title in fore-
closure, or other disposition, and the deed for such property has been
duly recorded; provided, however, that if a municipality or governmental
entity holds a mortgage [subordinate to one or more mortgages] on the
residential real property, the municipality or governmental entity shall
not be subject to the requirements of this section.
(B) FOR PURPOSES OF THIS SECTION, RESIDENTIAL REAL PROPERTY SHALL BE
DEEMED "VACANT AND ABANDONED" WHEN: (I) AT LEAST THREE MONTHLY PAYMENTS
ARE PAST DUE ON THE MORTGAGE LOAN OR THE MORTGAGOR HAS INFORMED THE
MORTGAGEE OR LOAN SERVICING COMPANY IN WRITING THAT THE MORTGAGOR DOES
NOT INTEND TO OCCUPY THE PROPERTY IN THE FUTURE; AND (II) EITHER: (A)
THERE IS A REASONABLE BASIS TO BELIEVE THAT THE PROPERTY IS NOT OCCUPIED
WHICH SHALL BE DETERMINED IN ACCORDANCE WITH THE REQUIREMENTS OF PARA-
GRAPH (B-1) OF THIS SUBDIVISION; OR (B) A COURT OR OTHER APPROPRIATE
STATE OR LOCAL GOVERNMENTAL ENTITY HAS DETERMINED THAT SUCH RESIDENTIAL
REAL PROPERTY IS A RISK TO THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC
OR ANY ADJOINING OR ADJACENT PROPERTY OWNERS, OR HAS OTHERWISE DECLARED
THE PROPERTY UNFIT FOR OCCUPANCY. WHERE A MORTGAGEE OR LOAN SERVICING
COMPANY HAS RECEIVED WRITTEN NOTICE FROM A MORTGAGOR THAT SUCH MORTGAGOR
DOES NOT INTEND TO OCCUPY SUCH PROPERTY IN THE FUTURE, THE MORTGAGEE OR
LOAN SERVICING COMPANY SHALL PROMPTLY NOTIFY THE ATTORNEY GENERAL IN
WRITING OF ITS RECEIPT OF SUCH NOTIFICATION AND THE DATE THEREOF.
(B-1) FOR PURPOSES OF PARAGRAPH (B) OF THIS SUBDIVISION, A REASONABLE
BASIS TO BELIEVE THAT RESIDENTIAL REAL PROPERTY IS NOT OCCUPIED SHALL,
AT A MINIMUM, BE BASED UPON PERIODIC INSPECTIONS OF SUCH PROPERTY OVER A
TWO-MONTH PERIOD AT DIFFERENT TIMES OF THE DAY WHERE THREE OR MORE SUCH
INSPECTIONS REVEAL EVIDENCE OF ABANDONMENT. FOR PURPOSES OF THIS SUBDI-
VISION, "EVIDENCE OF ABANDONMENT" SHALL INCLUDE BUT NOT BE LIMITED TO
ANY OF THE FOLLOWING CONDITIONS: (I) OVERGROWN OR DEAD VEGETATION; (II)
ACCUMULATION OF NEWSPAPERS, CIRCULARS, FLYERS OR MAIL; (III) PAST DUE
UTILITY NOTICES, DISCONNECTED UTILITIES, OR UTILITIES NOT IN USE; (IV)
ACCUMULATION OF TRASH REFUSE OR OTHER DEBRIS; (V) ABSENCE OF WINDOW
COVERINGS SUCH AS CURTAINS, BLINDS, OR SHUTTERS; (VI) ONE OR MORE BOARD-
ED, MISSING OR BROKEN WINDOWS; (VII) THE PROPERTY IS OPEN TO CASUAL
ENTRY OR TRESPASS; OR (VIII) 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.
(B-2) FOR PURPOSES OF DETERMINING WHETHER RESIDENTIAL REAL PROPERTY IS
OCCUPIED, THE MORTGAGEE OR LOAN SERVICING COMPANY SHALL CONDUCT OR CAUSE
TO BE CONDUCTED PERIODIC INSPECTIONS OF SUCH PROPERTY AT LEAST ONCE
EVERY THIRTY DAYS COMMENCING NO LATER THAN SEVEN DAYS AFTER THE DATE
UPON WHICH TWO MORTGAGE PAYMENTS ON SUCH PROPERTY ARE PAST DUE, OR SOON-
ER IF SO REQUIRED BY FEDERAL STATUTE, RULE, REGULATION, PUBLISHED GUID-
ANCE, OR OTHER REQUIREMENTS OF THE FEDERAL NATIONAL MORTGAGE ASSOCI-
ATION, FEDERAL HOME LOAN MORTGAGE CORPORATION OR FEDERAL HOUSING FINANCE
AGENCY.
(B-3) FOR PURPOSES OF PARAGRAPH (B) OF THIS SUBDIVISION, RESIDENTIAL
REAL PROPERTY SHALL NOT BE DEEMED "VACANT AND 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 ORDI-
NANCES, CODES, REGULATIONS AND STATUTES; (II) A BUILDING OCCUPIED ON A
SEASONAL BASIS THAT IS OTHERWISE SECURE; (III) A BUILDING THAT IS
A. 9341--A 3
SECURE, BUT 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 OWNER INTENDS TO REPAIR AND REOCCUPY THE PROP-
ERTY; OR (V) OCCUPIED BY THE MORTGAGOR, A RELATIVE OF THE MORTGAGOR OR A
TENANT LAWFULLY IN POSSESSION.
2. Such [plaintiff] MORTGAGEE AND/OR ITS LOAN SERVICING AGENT shall
have the right to peaceably enter upon such property DETERMINED TO BE
VACANT AND ABANDONED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, or to
cause others to peaceably enter upon the property for the limited
purpose of inspections, repairs and maintenance as required by this
section, or as otherwise ordered by court; provided, however, that if
the property is occupied by a tenant LAWFULLY IN POSSESSION, at least
seven days notice must be given to such tenant, unless emergency repairs
are required in which case reasonable notice shall be provided to the
tenant.
2-A. (A) IT SHALL BE UNLAWFUL FOR A MORTGAGEE, ITS SERVICER OR A THIRD
PARTY AGENT OR OTHER PERSON ACTING ON BEHALF OF A MORTGAGEE TO ENTER
RESIDENTIAL REAL PROPERTY THAT IS NOT VACANT AND ABANDONED FOR THE
PURPOSE OF FORCING, INTIMIDATING, HARASSING OR COERCING A LAWFUL OCCU-
PANT OF SUCH RESIDENTIAL PROPERTY TO VACATE THAT PROPERTY IN ORDER TO
RENDER THE PROPERTY VACANT AND ABANDONED, OR TO OTHERWISE FORCE, INTIM-
IDATE, HARASS, OR COERCE A LAWFUL OCCUPANT OF RESIDENTIAL REAL PROPERTY
TO VACATE THAT PROPERTY SO THAT IT MAY BE CONSIDERED AS VACANT AND ABAN-
DONED.
(B) LIABILITY FOR SUCH UNLAWFUL CONDUCT SHALL EXTEND TO ANY MORTGAGEE
FOR WHOSE BENEFIT THE ACTIONS WERE INITIATED, IN ADDITION TO ANY AGENT,
EMPLOYEE OR SUBCONTRACTOR OF THE MORTGAGEE WHO RETAINED, HIRED OR OTHER-
WISE ENLISTED THE PERPETRATOR.
(C) A HOMEOWNER AND/OR OCCUPANT WHO HAS BEEN SUBJECTED TO SUCH UNLAW-
FUL CONDUCT MAY BRING AN ACTION FOR DAMAGES AND INJUNCTIVE RELIEF WHICH
MAY BE RAISED AS A COUNTERCLAIM IN A FORECLOSURE OR EVICTION PROCEEDING,
OR IN ANY OTHER ACTION OR PROCEEDING BROUGHT TO REGAIN POSSESSION OF, OR
QUIET TITLE TO, RESIDENTIAL REAL PROPERTY, OR MAY BE RAISED AS AN AFFIR-
MATIVE ACTION IN ANY COURT OF COMPETENT JURISDICTION.
(D) PUNITIVE DAMAGES, COSTS AND/OR ATTORNEY FEES, MAY BE AWARDED WHEN
THE CONDUCT COMPLAINED OF HAS BEEN CARRIED OUT WITH KNOWING DISREGARD OF
THE RIGHTS OF THE OCCUPANT OR WAS PART OF A PATTERN OF CONDUCT INTENDED
TO SECURE THE VACATING OF PROPERTIES SO THAT THOSE PROPERTIES WOULD BE
CONSIDERED AS VACANT AND ABANDONED FOR PURPOSES OF THIS SECTION.
3. [The] IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED SEVEN-A OF
THIS ARTICLE, THE municipality in which such residential real property
is located, any tenant lawfully in possession, and a board of managers
of a condominium in which the premises are located or a homeowners asso-
ciation if said premises are subject to the rules and regulations of
such an association, shall have the right to enforce the obligations
described in this section in any court of competent jurisdiction after
at least seven days notice to the [plaintiff in the foreclosure action]
MORTGAGEE OR ITS LOAN SERVICING AGENT unless emergency repairs are
required. Any entity acting pursuant to this subdivision shall have a
cause of action in any court of competent jurisdiction against the
[plaintiff in the foreclosure action] MORTGAGEE OR ITS LOAN SERVICING
AGENT to recover costs incurred as a result of maintaining the property.
SUCH ENTITY SHALL PROVIDE THE ATTORNEY GENERAL WITH WRITTEN NOTICE AT
LEAST TEN DAYS PRIOR TO BRINGING AN ACTION PURSUANT TO THIS SUBDIVISION;
PROVIDED, HOWEVER, THAT FAILURE TO COMPLY WITH THIS NOTICE REQUIREMENT
A. 9341--A 4
SHALL NOT BE A DEFENSE TO THE ENTITY'S PROCEEDING. The authority
provided by this subdivision shall be in addition to, and shall not be
deemed to diminish or reduce, any rights of the parties described in
this section under existing law against the mortgagor of such property
for failure to maintain such property.
4. In the event the mortgagor of the property commences a proceeding
in bankruptcy court prior to the completion of the public auction
ordered in the judgment of sale, the duties created by this section
shall be suspended during the pendency of the bankruptcy proceeding or
until such time as an order has been entered in that proceeding lifting
or removing the automatic stay of the foreclosure sale.
5. For the purposes of this section "maintain" shall mean keeping the
subject property in a manner that is consistent with the standards set
forth in the New York property maintenance code chapter 3 sections 301,
302 (excluding 302.2, 302.6 and 302.8), 304.1, 304.3, 304.7, 304.10,
304.12, 304.13, 304.15, 304.16, 307.1, and 308.1; provided, however,
that if the property is occupied by a tenant, then such property must
also be maintained in a safe and habitable condition.
6. A [plaintiff] MORTGAGEE OR ITS LOAN SERVICING AGENT shall be
relieved of its responsibilities [to maintain the residential real prop-
erty that is the subject of a foreclosure action] UNDER PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION for the period that a receiver of such
property is serving.
7. Nothing contained in this section shall diminish in any way the
obligations pursuant to any state or local law of the mortgagor of the
property or a receiver of rents and profits appointed in an action to
foreclose a mortgage to maintain the property prior to the closing of
title pursuant to a foreclosure sale.
8. This section shall not preempt, reduce or limit any rights or obli-
gations imposed by any local laws with respect to property maintenance
and the locality's ability to enforce those laws.
S 3. The real property actions and proceedings law is amended by
adding a new section 1307-a to read as follows:
S 1307-A. DELINQUENT MORTGAGE; VACANT AND ABANDONED PROPERTY; STATE-
WIDE VACANT AND ABANDONED PROPERTY ELECTRONIC REGISTRY. 1. WHERE A
MORTGAGOR IS THREE MONTHLY PAYMENTS PAST DUE ON A MORTGAGE LOAN SECURED
BY RESIDENTIAL REAL PROPERTY, THE MORTGAGEE OR ITS LOAN SERVICING AGENT
SHALL PROVIDE WRITTEN NOTICE TO THE MORTGAGOR STATING THAT THE MORTGAGOR
HAS THE RIGHT TO OCCUPY THE PROPERTY UNTIL HE OR SHE IS ORDERED TO LEAVE
THE PROPERTY BY A COURT OF COMPETENT JURISDICTION. SUCH NOTICE SHALL BE
PROVIDED TO THE MORTGAGOR WITHIN FIFTEEN DAYS OF THE DATE THAT THE HOME-
OWNER'S ACCOUNT IS PAST DUE BY NINETY DAYS, AND A COPY OF SUCH NOTICE
SHALL PROMPTLY BE PROVIDED BY SUCH MORTGAGEE OR LOAN SERVICING AGENT TO
THE ATTORNEY GENERAL. THE NOTICE SHALL BE IN FOURTEEN-POINT FONT AND
SHALL INCLUDE THE FOLLOWING LANGUAGE IN A CLEAR AND CONSPICUOUS FORMAT:
"AS YOUR LOAN SERVICER OR MORTGAGE HOLDER, WE ARE REQUIRED TO SEND YOU
THIS NOTICE PURSUANT TO NEW YORK STATE LAW.
AS THE OWNER OF YOUR HOME, YOU HAVE THE RIGHT TO OCCUPY YOUR HOME
UNTIL SUCH TIME AS YOU ARE ORDERED TO LEAVE BY A COURT OF COMPETENT
JURISDICTION.
WE MAY INITIATE COLLECTION ACTIVITY INCLUDING TAKING STEPS TO COMMENCE
AND LITIGATE A FORECLOSURE LAWSUIT AGAINST YOU AND THE PROPERTY.
YOU ARE ALLOWED BY NEW YORK STATE LAW TO CONTINUE LIVING IN YOUR HOME
REGARDLESS OF ANY COLLECTION METHODS WE PURSUE OR ORAL OR WRITTEN STATE-
MENTS MADE DURING THE COLLECTIONS PROCESS, INCLUDING THE FORECLOSURE
A. 9341--A 5
PROCESS, UNTIL SUCH TIME AS YOU ARE ORDERED BY A COURT TO LEAVE YOUR
PROPERTY."
2. (A) THE ATTORNEY GENERAL SHALL MAINTAIN A STATEWIDE VACANT AND
ABANDONED PROPERTY REGISTRY IN THE FORM OF AN ELECTRONIC DATABASE. THE
ATTORNEY GENERAL MAY, IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF
THE STATE FINANCE LAW, RETAIN A PRIVATE CONTRACTOR TO ADMINISTER SUCH
DATABASE FOR THE PURPOSES OF SATISFYING THIS REQUIREMENT, AND SHALL,
UPON WRITTEN REQUEST, PROVIDE APPROPRIATE OFFICIALS OF ANY CITY, TOWN OR
VILLAGE WITH DIRECT ELECTRONIC ACCESS TO INFORMATION MAINTAINED ON SUCH
DATABASE FOR THE PURPOSE OF ENFORCING THIS SECTION, SECTION THIRTEEN
HUNDRED SEVEN OF THIS ARTICLE OR ARTICLE NINETEEN-A OF THIS CHAPTER, OR
ANY OTHER RELATED LAW, CODE, RULE, REGULATION OR ORDINANCE.
(B) A MORTGAGEE OR ITS AGENT SHALL SUBMIT TO THE ATTORNEY GENERAL
INFORMATION REQUIRED BY THE ATTORNEY GENERAL ABOUT ANY VACANT AND ABAN-
DONED PROPERTY, AS THAT TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE, WITHIN FIFTEEN
DAYS OF WHEN THE MORTGAGEE OR ITS AGENTS LEARN, OR REASONABLY SHOULD
HAVE LEARNED, THAT SUCH PROPERTY IS VACANT AND ABANDONED. SUCH INFORMA-
TION SHALL, AT A MINIMUM, INCLUDE: (I) THE CURRENT NAME, ADDRESS AND
CONTACT INFORMATION FOR THE LENDER OR SERVICER RESPONSIBLE FOR MAINTAIN-
ING THE VACANT PROPERTY; (II) WHETHER A FORECLOSURE ACTION HAS BEEN
FILED FOR THE PROPERTY IN QUESTION, AND, IF SO, THE DATE ON WHICH THE
FORECLOSURE ACTION WAS COMMENCED; AND (III) THE LAST KNOWN ADDRESS AND
CONTACT INFORMATION FOR THE MORTGAGEE OF RECORD.
(C) WHERE ANY OF THE INFORMATION CONTAINED IN A MORTGAGEE'S OR ITS
AGENT'S INITIAL SUBMISSION TO THE REGISTRY HAS MATERIALLY CHANGED SINCE
SUCH SUBMISSION, SUCH MORTGAGE OR AGENT SHALL MAKE AN AMENDED SUBMISSION
TO THE REGISTRY NOT LATER THAN THIRTY DAYS AFTER THE MORTGAGEE OR ITS
AGENTS LEARN, OR REASONABLY SHOULD HAVE LEARNED, OF THE NEW OR CHANGED
INFORMATION.
(D) THE ATTORNEY GENERAL IS AUTHORIZED AND EMPOWERED TO ADOPT SUCH
RULES AND REGULATIONS AS MAY IN THE JUDGMENT OF THE ATTORNEY GENERAL BE
NECESSARY FOR THE EFFECTIVE ADMINISTRATION AND OPERATION OF SUCH REGIS-
TRY, INCLUDING BUT NOT LIMITED TO RULES AND REGULATIONS GOVERNING ACCESS
TO THE REGISTRY AND SPECIFYING THE MANNER AND FREQUENCY OF REGISTRATION
AND THE INFORMATION THAT MUST BE PROVIDED. THE ATTORNEY GENERAL MAY
AMEND SUCH REGULATIONS FROM TIME TO TIME AS NECESSARY TO EFFECTUATE THE
PURPOSE OF THIS SECTION AND SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTI-
CLE.
(E) THE ATTORNEY GENERAL SHALL ESTABLISH AND MAINTAIN A TOLL-FREE
HOTLINE THAT NEIGHBORS OF REAL PROPERTY THAT IS, OR APPEARS TO BE,
VACANT AND ABANDONED RESIDENTIAL PROPERTY, AS SUCH TERM IS DEFINED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVEN OF
THIS ARTICLE, AND OTHER COMMUNITY RESIDENTS CAN USE TO REPORT TO THE
ATTORNEY GENERAL ANY HAZARDS, BLIGHT OR OTHER CONCERNS RELATED TO SUCH
PROPERTY AND TO OBTAIN PUBLICLY AVAILABLE INFORMATION CONCERNING THE
STATUS OF SUCH PROPERTY. SUCH PUBLICLY AVAILABLE INFORMATION SHALL
INCLUDE BUT NOT BE LIMITED TO WHETHER SUCH PROPERTY IS CURRENTLY LISTED
ON THE STATEWIDE VACANT AND ABANDONED PROPERTY REGISTRY ESTABLISHED
PURSUANT TO THIS SUBDIVISION, AND THE IDENTITY OF THE MORTGAGEE OR LOAN
SERVICING COMPANY RESPONSIBLE FOR MAINTAINING SUCH VACANT AND ABANDONED
PROPERTY PURSUANT TO SUBDIVISION ONE OF THIS SECTION. THE OFFICE OF THE
ATTORNEY GENERAL SHALL INCLUDE ON ITS OFFICIAL PUBLIC WEBSITE INFORMA-
TION ABOUT SUCH TOLL-FREE HOTLINE.
3. (A) WHENEVER A MORTGAGEE OR AGENT OF A MORTGAGEE SHALL VIOLATE THIS
SECTION OR SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE, AN APPLICA-
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TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE
DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN OR RESTRAIN THE CONTIN-
UANCE OF SUCH VIOLATION; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
SECTION OR SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE, AN INJUNCTION
MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY
FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS, IN FACT,
BEEN INJURED OR DAMAGED THEREBY. IN CONNECTION WITH ANY SUCH PROPOSED
APPLICATION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES.
(B) IN ADDITION TO, OR IN LIEU OF, THE RELIEF AUTHORIZED IN PARAGRAPHS
(A) AND (C) OF THIS SUBDIVISION, A MUNICIPALITY WHERE THE PROPERTY IS
LOCATED MAY INTERVENE AS A MATTER OF RIGHT IN ANY FORECLOSURE ACTION
COMMENCED UNDER THIS ARTICLE FOR THE PURPOSES OF REQUESTING INJUNCTIVE
RELIEF TO ASSURE THAT THE PROPERTY IN QUESTION IS MAINTAINED IN ACCORD-
ANCE WITH ALL ORDINANCES, CODES REGULATIONS AND STATUTES AND THAT THE
FORECLOSURE ACTION IS TIMELY PROSECUTED. THE INTERVENOR MAY MOVE TO HAVE
ANY ADJOURNMENTS OR VOLUNTARY DISCONTINUANCES IN SUCH FORECLOSURE ACTION
CONDITIONED UPON THE POSTING OF A BOND OR OTHER UNDERTAKING OR TO ORDER
OTHER MEASURES INTENDED TO ENSURE ONGOING MAINTENANCE OF THE PROPERTY
UNTIL SUCH TIME AS TITLE TO THE PROPERTY HAS BEEN TRANSFERRED THROUGH A
FORECLOSURE SALE OR OTHERWISE. INTERVENTION IN A FORECLOSURE ACTION
PURSUANT TO THIS PARAGRAPH SHALL BE AVAILABLE WITH RESPECT TO ANY RESI-
DENTIAL PROPERTY SECURED BY A MORTGAGE LOAN AS DEFINED UNDER SECTION
THIRTEEN HUNDRED FIVE OF THIS ARTICLE, REGARDLESS OF WHETHER THE PROPER-
TY IS OCCUPIED, SO LONG AS ONE OF THE OTHER CONDITIONS DESCRIBED IN
PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVEN OF
THIS ARTICLE IS PRESENT.
(C) WHENEVER THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION OR SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE BY A MORTGAGEE
OR AGENT OF A MORTGAGEE HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL
PENALTY OF UP TO ONE THOUSAND DOLLARS PER DAY FOR EACH DAY THE VIOLATION
PERSISTED IN ADDITION TO THE COSTS OF MAINTAINING THE PROPERTY.
(D) THE PROVISIONS OF THIS SECTION MAY ALSO BE ENFORCED BY ANY LOCALI-
TY OR MUNICIPALITY IN WHICH THE VACANT PROPERTY IS LOCATED, PROVIDED
THAT THE LOCALITY OR MUNICIPALITY PROVIDES THE ATTORNEY GENERAL WITH
WRITTEN NOTICE AT LEAST TEN DAYS PRIOR TO COMMENCING SUCH AN ACTION
UNDER THIS SECTION; AND PROVIDED FURTHER THAT FAILURE TO COMPLY WITH
THIS NOTICE REQUIREMENT SHALL NOT BE A DEFENSE TO THE LOCALITY'S OR
MUNICIPALITY'S PROCEEDING.
4. THIS SECTION SHALL NOT PREEMPT, REDUCE OR LIMIT ANY RIGHTS OR OBLI-
GATIONS IMPOSED BY ANY LOCAL LAW WITH RESPECT TO PROPERTY MAINTENANCE
AND THE LOCALITY'S ABILITY TO ENFORCE THOSE LAWS.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.