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

                                 294--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. MARTINS, BONACIC, LATIMER -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  special  proceedings  to  convey title to abandoned real
  property to cities, towns or villages

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

  Section  1.  The  article heading of article 19-A of the real property
actions and proceedings law, as amended by chapter 573 of  the  laws  of
1982, is amended to read as follows:
                  SPECIAL PROCEEDING TO CONVEY TITLE TO
                   ABANDONED [DWELLING] REAL PROPERTY
                        TO CITY, TOWN OR VILLAGE
  S 2. Section 1970 of the real property actions and proceedings law, as
amended  by  chapter  593  of  the  laws  of 1983, is amended to read as
follows:
  S 1970. Applicability. The department or agency of  a  city,  town  or
village,  responsible for [the enforcement of the multiple dwelling law,
the multiple residence law, or any other law, code or ordinance  govern-
ing the occupancy and maintenance of residential property] ENFORCING THE
MUNICIPALITY'S BUILDING CODE (hereinafter in this article referred to as
"the  department")  may  institute  a  proceeding in accordance with the
provisions of this article for a judgment vesting in the city,  town  or
village  title to [a dwelling] REAL PROPERTY which has been abandoned by
the owner. This article shall not apply to a  one-family  or  two-family
dwelling occupied by the owner thereof.
  S 3. Subdivisions 1 and 2 of section 1971 of the real property actions
and proceedings law, subdivision 1 as amended by chapter 529 of the laws

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

                                                           LBD02148-04-5

S. 294--A                           2

of 2008 and subdivision 2 as amended by chapter 496 of the laws of 1983,
are amended to read as follows:
  1.  The  department may make a finding that [a dwelling] REAL PROPERTY
is abandoned if:
  (a) In the case of an occupied dwelling, the owner has  failed  for  a
period of at least three consecutive months either to collect rent or to
institute summary proceedings for nonpayment of rent, and the department
finds that the dwelling has become a danger to life, health or safety as
a  result of the owner's failure to assume his OR HER responsibility for
its condition. Such failure may be shown by such  facts  as  an  owner's
failure  to  provide services including, but not limited to, the failure
to make repairs, supply janitorial service, purchase fuel or other need-
ed supplies, or pay utility bills. The appointment of  an  administrator
pursuant  to  article  seven-A  of  this  chapter  shall not prevent the
department from making a finding that a dwelling is abandoned; or
  (b) In the case of [a] vacant [dwelling]  REAL  PROPERTY,  it  is  not
sealed or continuously guarded as required by law or it was sealed or is
continuously  guarded  by  a  person  other than the owner, a mortgagee,
lienor or agent thereof, and either of the following facts exists:
  (i) A vacate order of the  department  or  other  governmental  agency
currently prohibits occupancy of the [dwelling] REAL PROPERTY; or
  (ii)  The tax on such premises has been due and unpaid for a period of
at least one year; or
  (III) THE PROPERTY HAS HAD A ZONING,  HOUSING,  BUILDING  OR  PROPERTY
MAINTENANCE  CODE  VIOLATION WHICH HAS BEEN CONTINUOUSLY OUTSTANDING AND
NOT REMEDIATED FOR A PERIOD OF AT LEAST  ONE  YEAR  FROM  THE  DATE  THE
ORIGINAL  ORDER  TO  CORRECT  OR NOTICE OF VIOLATION WAS SERVED UPON THE
PROPERTY OWNER PURSUANT TO SUBDIVISION FOUR  OF  SECTION  THREE  HUNDRED
EIGHT  OF  THE  CIVIL  PRACTICE  LAW AND RULES IF THE OWNER IS A NATURAL
PERSON, OR PURSUANT TO SECTION THREE HUNDRED TEN, THREE  HUNDRED  TEN-A,
THREE HUNDRED ELEVEN OR THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW
AND  RULES  IF  THE  OWNER IS A PARTNERSHIP, LIMITED PARTNERSHIP, CORPO-
RATION OR LIMITED LIABILITY COMPANY, RESPECTIVELY, OR
  (c) In the case of a building for  which  an  administrator  has  been
appointed pursuant to article seven-A of this chapter.
  (i)  no motion for the termination of the judgment entered pursuant to
article seven-A of this chapter  has  been  granted  by  the  appointing
court;
  (ii) no mortgagee or lienor has commenced foreclosure proceedings; and
  (iii) at least six months have passed since the granting of a judgment
appointing an administrator pursuant to article seven-A of this chapter.
  2.  When the department finds that [a dwelling] REAL PROPERTY is aban-
doned within the meaning of this article, it shall make and  file  among
its  records  a  certification  containing such finding and the facts on
which it is based. Further, it shall immediately affix to the [dwelling]
REAL PROPERTY in a prominent and conspicuous location, a notice that the
[building] PROPERTY has been found to be [an] abandoned  [building]  and
that  it  is  a crime to take, remove or otherwise damage any fixture or
part of the PROPERTY OR ANY building OR structure LOCATED THEREON.
  S 4. Section 1971-a of the real property actions and proceedings  law,
as  added  by  chapter  496  of  the laws of 1983, is amended to read as
follows:
  S  1971-a.  Destruction  of  abandoned  [dwellings]   REAL   PROPERTY.
"Destruction  of  [an] abandoned [dwelling] REAL PROPERTY" occurs when a
person, having no right to do so or permission of the department or  the
owner  to take, remove or otherwise damage the fixtures or the structure

S. 294--A                           3

of the building, nor any reasonable ground to believe that he OR SHE has
such right or permission, intentionally removes or damages  any  fixture
or part of the structure of a building which has been certified as aban-
doned  in  accordance  with  the  provisions of section nineteen hundred
seventy-one of this chapter.
  S 5. Subdivision 2 of section 1972 of the real  property  actions  and
proceedings  law,  as  amended  by  chapter  573 of the laws of 1982, is
amended to read as follows:
  2. The department shall serve upon the owner of the [dwelling] PROPER-
TY, a copy of the certification. Service shall be made personally or  by
posting  in a conspicuous place upon the [dwelling] PROPERTY 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 OR HER
last registered address. The copy of the certification shall be accompa-
nied 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.
  S  6.  The  real  property  actions  and proceedings law is amended by
adding a new section 1972-a to read as follows:
  S 1972-A. ALTERNATIVE NOTICE PROVISIONS. 1.  IN  LIEU  OF  THE  NOTICE
PROVISIONS  OF  SECTION  NINETEEN HUNDRED SEVENTY-TWO OF THIS ARTICLE, A
CITY, TOWN OR VILLAGE MAY ELECT TO ADOPT THE NOTICE PROVISIONS  OF  THIS
SECTION.
  2.  (A)  UPON  THE FILING OF A COPY OF THE CERTIFICATION AND NOTICE OF
INTENTION TO COMMENCE PROCEEDINGS PURSUANT TO THIS ARTICLE IN THE OFFICE
OF THE COUNTY CLERK, THE DEPARTMENT FORTHWITH SHALL CAUSE  A  NOTICE  OF
INTENTION  TO  COMMENCE  PROCEEDINGS  PURSUANT  TO  THIS  ARTICLE  TO BE
PUBLISHED IN EACH OF THREE NON-CONSECUTIVE WEEKS IN A TWO  MONTH  PERIOD
IN AT LEAST TWO NEWSPAPERS DESIGNATED BY THE CITY, TOWN OR VILLAGE.
  (B)  EACH  NEWSPAPER  DESIGNATED  FOR  THIS PURPOSE SHALL HAVE GENERAL
CIRCULATION IN THE CITY, TOWN OR VILLAGE. AN OFFICIAL NEWSPAPER  OF  THE
CITY,  TOWN  OR  VILLAGE  SHALL BE DEEMED TO SATISFY THE REQUIREMENTS OF
THIS PROVISION. IN NEW YORK AND BRONX  COUNTIES  THE  NEWSPAPERS  TO  BE
DESIGNATED FOR THE PUBLICATION OF SUCH NOTICE OR ANY OTHER PUBLIC NOTICE
REQUIRED  PURSUANT TO THIS ARTICLE SHALL BE THE DAILY LAW JOURNAL DESIG-
NATED BY THE JUSTICES OF THE APPELLATE DIVISION OF  THE  FIRST  JUDICIAL
DEPARTMENT AND ANOTHER NEWSPAPER DESIGNATED BY SUCH JUSTICES PURSUANT TO
THE  PROVISIONS OF SUBDIVISIONS ONE AND TWO OF SECTION NINETY-ONE OF THE
JUDICIARY LAW.
  (C) SUCH NOTICE SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
  "............... COURT,............... COUNTY.
IN THE MATTER OF A PROCEEDING FOR A JUDGMENT VESTING TITLE TO REAL PROP-
ERTY WHICH HAS BEEN ABANDONED BY THE OWNER  PURSUANT  TO  ARTICLE  NINE-
TEEN-A  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW BY..........
(INSERT NAME OF CITY, TOWN OR VILLAGE).
      NOTICE OF PROCEEDING TO VEST TITLE TO ABANDONED REAL PROPERTY
  PLEASE  TAKE  NOTICE  THAT  ON  THE........   DAY   OF...............,
THE............ (INSERT NAME OF CITY, TOWN OR VILLAGE), HEREINAFTER, THE
"PETITIONER", PURSUANT TO LAW, FILED WITH THE CLERK OF .......... COUNTY
A  PETITION  FOR  A JUDGMENT VESTING TITLE TO REAL PROPERTY ABANDONED BY
THE OWNER AGAINST  VARIOUS  PARCELS  OF  REAL  PROPERTY.  SUCH  PETITION

S. 294--A                           4

PERTAINS  TO THE FOLLOWING PARCELS: (INSERT THE DESCRIPTION AND THE NAME
OF THE OWNER OR OWNERS OF RECORD OF EACH PARCEL AS OF THE  DATE  OF  THE
FILING OF THE CERTIFICATION).
  EFFECT  OF  FILING: ALL PERSONS HAVING OR CLAIMING TO HAVE AN INTEREST
IN THE REAL PROPERTY DESCRIBED IN SUCH PETITION ARE HEREBY NOTIFIED THAT
THE FILING OF SUCH PETITION CONSTITUTES THE COMMENCEMENT  BY  THE  PETI-
TIONER  OF  A  PROCEEDING IN THE COURT SPECIFIED IN THE CAPTION ABOVE TO
ACQUIRE TITLE TO SUCH REAL PROPERTY THEREIN DESCRIBED  BY  A  PROCEEDING
FOR A JUDGMENT AGAINST THE OWNERS WHO ABANDONED SUCH REAL PROPERTY.
  NATURE  OF  PROCEEDING:  SUCH  PROCEEDING  IS BROUGHT AGAINST THE REAL
PROPERTY ONLY.  NO PERSONAL JUDGMENT WILL BE  ENTERED  HEREIN  FOR  SUCH
ABANDONMENT.
  PERSONS  AFFECTED:  THIS  NOTICE  IS DIRECTED TO ALL PERSONS OWNING OR
HAVING OR CLAIMING TO HAVE AN INTEREST IN THE REAL PROPERTY DESCRIBED IN
SUCH PETITION. SUCH PERSONS ARE HEREBY NOTIFIED FURTHER THAT A DUPLICATE
OF SUCH PETITION HAS BEEN FILED IN THE OFFICE OF THE DEPARTMENT  OF  THE
(INSERT  NAME  OF CITY, TOWN OR VILLAGE) AND WILL REMAIN OPEN FOR PUBLIC
INSPECTION UP TO AND INCLUDING THE DATE SPECIFIED BELOW UNLESS THE OWNER
NOTIFIES THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
  THE LAST DAY FOR NOTICE BY THE OWNER THAT THE PROPERTY  HAS  NOT  BEEN
ABANDONED  IS  HEREBY  FIXED  AS  THE .......... DAY OF .......... (HERE
INSERT A DATE AT LEAST THREE MONTHS AFTER THE DATE OF THE FIRST PUBLICA-
TION OF THIS NOTICE).
  SERVICE OF ANSWER: EVERY PERSON HAVING ANY RIGHT, TITLE OR INTEREST IN
OR LIEN UPON ANY PARCEL OF REAL PROPERTY DESCRIBED IN SUCH PETITION  MAY
SERVE  A  DULY  VERIFIED  ANSWER  UPON  THE  ATTORNEY FOR THE DEPARTMENT
SETTING FORTH IN DETAIL THE NATURE AND AMOUNT OF HIS OR HER INTEREST AND
ANY DEFENSE OR OBJECTION TO THE PROCEEDING. SUCH ANSWER MUST BE FILED IN
THE OFFICE OF THE COUNTY CLERK AND SERVED  UPON  THE  ATTORNEY  FOR  THE
DEPARTMENT  ON  OR  BEFORE  THE DATE ABOVE MENTIONED AS THE LAST DAY FOR
NOTICE TO THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN ABANDONED.
  FAILURE TO ANSWER: IN THE EVENT OF FAILURE TO  ANSWER  BY  ANY  PERSON
HAVING THE RIGHT TO DO SO, SUCH PERSON SHALL BE FOREVER BARRED AND FORE-
CLOSED  OF ALL HIS OR HER RIGHT, TITLE AND INTEREST IN AND TO THE PARCEL
DESCRIBED IN SUCH PETITION AND A JUDGMENT DIVESTING SUCH PERSON  OF  ANY
RIGHT, TITLE OR INTEREST IN AND TO THE PARCEL DESCRIBED IN SUCH PETITION
MAY BE TAKEN BY DEFAULT.
  DEPARTMENT:
  ATTORNEY FOR DEPARTMENT:"
  (D)  THE  DEPARTMENT SHALL ON OR BEFORE THE DATE OF THE FIRST PUBLICA-
TION OF THE NOTICE SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION  CAUSE
A  COPY OF SUCH NOTICE TO BE POSTED ONCE IN ITS OFFICE AND SHALL CAUSE A
COPY OF SUCH NOTICE TO BE POSTED IN THE COUNTY COURTHOUSE IN  THE  PLACE
PROVIDED FOR THE POSTING OF PUBLIC NOTICES.
  (E)  NOTHING  CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE
THE DEPARTMENT FROM PROVIDING  FOR  ADDITIONAL  PUBLIC  NOTICE  OF  SUCH
PROCEEDING BY OTHER MEANS, INCLUDING BROADCAST ON THE LOCAL ACCESS CHAN-
NEL  OF  A  CABLE TELEVISION COMPANY HAVING A FRANCHISE WITHIN THE CITY,
TOWN OR VILLAGE.
  (F) IF THE SUBSTANCE OF SUCH NOTICE HAS  BEEN  INCORPORATED  INTO  THE
PETITION  OF  FORECLOSURE,  THE  REQUIREMENTS  OF  THIS SECTION SHALL BE
SATISFIED IF  THE  PETITION  IS  PUBLISHED  AND  POSTED  IN  THE  MANNER
PRESCRIBED BY THIS SECTION.
  3.  (A) PARTIES ENTITLED TO NOTICE. THE DEPARTMENT SHALL, ON OR BEFORE
THE DATE OF THE FIRST PUBLICATION OF THE NOTICE ABOVE SET FORTH, CAUSE A
NOTICE TO BE MAILED TO (I) EACH OWNER AND ANY OTHER PERSON WHOSE  RIGHT,

S. 294--A                           5

TITLE,  OR  INTEREST  WAS  A  MATTER OF PUBLIC RECORD AS OF THE DATE THE
CERTIFICATION WAS FILED, WHICH RIGHT, TITLE OR INTEREST WILL BE AFFECTED
BY A JUDGMENT DIVESTING THE OWNER OF TITLE TO  THE  REAL  PROPERTY,  AND
WHOSE  NAME  AND  ADDRESS  ARE  REASONABLY ASCERTAINABLE FROM THE PUBLIC
RECORD, INCLUDING THE RECORDS IN THE OFFICES OF  THE  SURROGATE  OF  THE
COUNTY,  OR  FROM MATERIAL SUBMITTED TO THE DEPARTMENT PURSUANT TO PARA-
GRAPH (D) OF THIS SUBDIVISION, AND (II) ANY OTHER PERSON WHO HAS FILED A
DECLARATION OF INTEREST WHICH HAS NOT EXPIRED.
  (B) NOTIFICATION METHOD. (I) SUCH NOTICE SHALL BE SENT  TO  EACH  SUCH
PARTY  BOTH  BY CERTIFIED MAIL AND ORDINARY FIRST CLASS MAIL, SUBJECT TO
THE PROVISIONS OF SUBPARAGRAPH (IV) OF THIS PARAGRAPH. THE NOTICE  SHALL
BE  DEEMED  RECEIVED  UNLESS BOTH THE CERTIFIED MAILING AND THE ORDINARY
FIRST CLASS MAILING ARE RETURNED BY THE  UNITED  STATES  POSTAL  SERVICE
WITHIN FORTY-FIVE DAYS AFTER BEING MAILED. IN THAT EVENT, THE DEPARTMENT
SHALL  ATTEMPT  TO  OBTAIN  AN ALTERNATE MAILING ADDRESS FROM THE UNITED
STATES POSTAL SERVICE. WHEN NOTICE IS REQUIRED TO BE SENT TO THE COMMIS-
SIONER OF TAXATION AND FINANCE, AN ALTERNATE NOTICE MAY BE USED  BY  THE
DEPARTMENT,  IN  ACCORDANCE  WITH INSTRUCTIONS PRESCRIBED BY THE COMMIS-
SIONER OF TAXATION AND FINANCE.
  (II) IF AN ALTERNATE MAILING ADDRESS IS FOUND,  THE  DEPARTMENT  SHALL
CAUSE  THE  NOTICE  TO  BE  MAILED TO SUCH OWNER AT SUCH ADDRESS BOTH BY
CERTIFIED MAIL AND BY ORDINARY FIRST CLASS MAIL.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW TO THE CONTRARY, SUCH OWNER MAY NOTIFY THE DEPARTMENT
THAT THE PROPERTY HAS NOT BEEN ABANDONED OR SERVE A DULY VERIFIED ANSWER
TO THE PETITION UNTIL EITHER THE THIRTIETH DAY AFTER  SUCH  MAILING,  OR
THE  DATE  SPECIFIED BY THE NOTICE OF THE PROCEEDING AS THE LAST DAY FOR
AN ANSWER, WHICHEVER IS LATER.
  (III) IF NO ALTERNATE MAILING ADDRESS CAN BE FOUND, THEN IN  THE  CASE
OF  AN  OWNER,  THE  DEPARTMENT  SHALL CAUSE A COPY OF SUCH NOTICE TO BE
POSTED AS PROVIDED HEREIN ON THE PROPERTY TO WHICH THE PETITION RELATES;
IN THE CASE OF A NON-OWNER, THE DEPARTMENT SHALL CAUSE A  COPY  OF  SUCH
NOTICE  TO BE POSTED IN THE DEPARTMENT AND IN THE OFFICE OF THE CLERK OF
THE COURT IN WHICH THE PETITION  HAS  BEEN  FILED.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO  THE  CONTRARY,  THE PARTY TO WHOM SUCH NOTICE IS
DIRECTED MAY NOTIFY THE DEPARTMENT THAT THE PROPERTY HAS NOT BEEN  ABAN-
DONED  OR  SERVE A DULY VERIFIED ANSWER TO THE PETITION UNTIL EITHER THE
THIRTIETH DAY AFTER SUCH POSTING OR DELIVERY, OR THE DATE  SPECIFIED  BY
THE NOTICE OF THE PROCEEDING AS THE LAST DAY FOR AN ANSWER, WHICHEVER IS
LATER.
  (IV)  WHERE  AN  OWNER  IS LISTED AS "UNKNOWN" ON THE TAX ROLL AND THE
NAME OF SUCH OWNER CANNOT BE FOUND IN  THE  PUBLIC  RECORD,  THE  NOTICE
SHALL  BE  MAILED  TO  THE PROPERTY ADDRESS BY ORDINARY FIRST CLASS MAIL
ADDRESSED TO "OCCUPANT" AND A COPY THEREOF SHALL BE POSTED ON THE  PROP-
ERTY TO WHICH THE PETITION RELATES.
  (C)  POSTING  OF NOTICE. WHEN A NOTICE IS REQUIRED TO BE POSTED ON THE
PROPERTY TO WHICH THE PETITION RELATES PURSUANT  TO  THIS  SECTION,  THE
POSTING SHALL BE DEEMED SUFFICIENT IF IT IS EITHER (I) AFFIXED TO A DOOR
OF  A  RESIDENTIAL  OR  COMMERCIAL  STRUCTURE  ON  THE PREMISES, OR (II)
ATTACHED TO A VERTICAL OBJECT, SUCH AS A TREE, POST OR STAKE, AND PLAIN-
LY VISIBLE FROM THE ROAD. PROVIDED, THAT IF, WHEN VISITING THE  PREMISES
FOR  THIS  PURPOSE,  THE  DEPARTMENT  SHOULD FIND THEREON AN OCCUPANT OF
SUITABLE AGE AND DISCRETION, HE OR SHE MAY DELIVER SUCH NOTICE  TO  SUCH
OCCUPANT  IN  ADDITION  TO  OR  IN LIEU OF POSTING IT. THE PROCESS OF SO
POSTING OR DELIVERING SUCH NOTICE SHALL WARRANT  THE  IMPOSITION  OF  AN
EXTRA  CHARGE  OF ONE HUNDRED DOLLARS AGAINST THE PARCEL, IN ADDITION TO

S. 294--A                           6

ANY OTHER CHARGES AUTHORIZED BY SECTION ELEVEN  HUNDRED  TWENTY-FOUR  OF
THIS CHAPTER AND WITHOUT REGARD TO ANY LIMITATIONS SET FORTH THEREIN.
  (D)  CHANGES  OF  ADDRESS. IT SHALL BE THE RESPONSIBILITY OF ANY PARTY
ENTITLED TO NOTICE PURSUANT TO THIS SECTION  TO  NOTIFY  THE  DEPARTMENT
WHEN  HIS,  HER OR ITS ADDRESS CHANGES. SUCH NOTIFICATION NEED NOT BE IN
ANY PARTICULAR FORM AS LONG AS IT IS IN  WRITING,  AFFIRMATIVELY  STATES
THAT  SUCH  PARTY'S ADDRESS HAS CHANGED OR USES LANGUAGE TO THAT EFFECT,
AND SETS FORTH THE NEW ADDRESS. IT SHALL NOT SUFFICE TO  SUBMIT  TO  THE
DEPARTMENT AN ITEM THAT MERELY DISPLAYS THE NEW ADDRESS, SUCH AS A CHECK
UPON  WHICH  THE NEW ADDRESS HAS BEEN IMPRINTED, OR A LETTER OR ENVELOPE
WHICH USES THE NEW ADDRESS AS THE RETURN ADDRESS, UNLESS SUCH SUBMISSION
INCLUDES LANGUAGE CLEARLY INDICATING THAT SUCH ADDRESS IS  THAT  PARTY'S
NEW  ADDRESS. IN THE EVENT THAT A PROCEEDING IS CHALLENGED ON GROUNDS OF
LACK OF NOTICE, AND THE PARTY RAISING THIS ISSUE  FAILED  TO  PROVIDE  A
CURRENT  ADDRESS TO THE DEPARTMENT PURSUANT TO THIS PARAGRAPH, THE COURT
HAVING JURISDICTION MAY TAKE SUCH FAILURE INTO ACCOUNT  WHEN  EVALUATING
WHETHER REASONABLE NOTICE WAS GIVEN.
  (E)  PUBLIC  RECORD.  FOR  PURPOSES OF THIS SECTION, THE PUBLIC RECORD
SHALL BE DEEMED TO CONSIST OF THE  BOOKS  MAINTAINED  BY  THE  RECORDING
OFFICER  OF  THE  COUNTY  IN  WHICH  THE PROPERTY IS LOCATED PURSUANT TO
SECTION THREE HUNDRED FIFTEEN OF THE REAL PROPERTY LAW, THE  BOOKS  KEPT
BY THE CLERK OF THE SURROGATE'S COURT OF THE COUNTY IN WHICH THE PROPER-
TY  IS LOCATED PURSUANT TO SECTION TWENTY-FIVE HUNDRED TWO OF THE SURRO-
GATE'S COURT PROCEDURE ACT, THE TAX ROLLS IN THE POSSESSION OF THE CITY,
TOWN OR VILLAGE DATED FROM THE CERTIFICATION OF ABANDONMENT FORWARD.
  4. THE NOTICE TO BE SO MAILED SHALL CONSIST OF (A) A COPY OF THE PETI-
TION AND, IF NOT SUBSTANTIALLY THE SAME  AS  THE  PETITION,  THE  PUBLIC
NOTICE  OF  VESTING OF TITLE, PROVIDED THAT SUCH COPIES NEED NOT INCLUDE
THE DESCRIPTIONS OR THE NAMES OF THE OWNERS OF ANY PARCELS IN WHICH  THE
ADDRESSEE  DOES  NOT HAVE AN INTEREST, AND (B) A STATEMENT SUBSTANTIALLY
AS FOLLOWS:
  "TO THE PARTY TO WHOM THE ENCLOSED NOTICE IS ADDRESSED:
  YOU ARE PRESUMED TO OWN OR HAVE A LEGAL INTEREST IN ONE OR MORE OF THE
PARCELS OF REAL PROPERTY DESCRIBED ON THE ENCLOSED PETITION.
  A PROCEEDING TO VEST TITLE TO SUCH PROPERTY BASED UPON THE ABANDONMENT
BY THE OWNER HAS BEEN COMMENCED. THIS PROCEEDING WILL RESULT IN THE LOSS
OF OWNERSHIP OF SUCH PROPERTY AND ALL RIGHTS IN THAT PROPERTY.
  TO AVOID LOSS OF OWNERSHIP OR OF ANY OTHER RIGHTS IN THE PROPERTY, YOU
MUST INTERPOSE A DULY VERIFIED ANSWER IN THE PROCEEDING. YOU MAY WISH TO
CONTACT AN ATTORNEY TO PROTECT YOUR RIGHTS.
  AFTER.......... (INSERT THE LAST DATE TO  NOTIFY  THE  DEPARTMENT),  A
COURT  WILL TRANSFER THE TITLE OF THE PROPERTY TO THE.......... (NAME OF
THE CITY, TOWN OR VILLAGE) BY MEANS OF A COURT JUDGMENT.
  SHOULD  YOU  HAVE  ANY  QUESTIONS  REGARDING   THIS   NOTICE,   PLEASE
CALL........  (INSERT THE NAME OF THE OFFICER OR EMPLOYEE OF THE DEPART-
MENT) AT..........  (INSERT TELEPHONE NUMBER).
  DATED,............... (INSERT DATE)."
  5. (A) AN AFFIDAVIT OF MAILING OF SUCH NOTICE SHALL BE EXECUTED.
  (B) THE FAILURE OF AN INTENDED RECIPIENT TO RECEIVE  ANY  SUCH  NOTICE
SHALL  NOT  INVALIDATE  THE PROCEEDING OR PREVENT THE ENFORCEMENT OF THE
SAME AS PROVIDED BY LAW.
  (C) THE SERVICE OF THE NOTICE REQUIRED BY THIS SECTION SHALL BE DEEMED
TO BE EQUIVALENT TO THE SERVICE OF A  NOTICE  OF  PETITION  PURSUANT  TO
SECTION FOUR HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
  6.  (A)  NOTHING  CONTAINED  HEREIN SHALL BE CONSTRUED TO PRECLUDE THE
DEPARTMENT FROM ISSUING, AT ITS DISCRETION,  A  DUPLICATE  OF  ANY  SUCH

S. 294--A                           7

NOTICE, CLEARLY LABELED AS SUCH, THROUGH MEANS OTHER THAN ORDINARY FIRST
CLASS MAIL, INCLUDING BUT NOT LIMITED TO PERSONAL SERVICE, REGISTERED OR
CERTIFIED MAIL, FACSIMILE TRANSMISSION, OR ELECTRONIC MAIL.
  (B)  NOTHING  CONTAINED  HEREIN  SHALL  BE  CONSTRUED  TO PRECLUDE THE
DEPARTMENT FROM ISSUING, AT ITS DISCRETION, ONE OR MORE INFORMAL NOTICES
TO AN OWNER OR OTHER PARTY PRIOR TO ISSUING THE NOTICE REQUIRED BY  THIS
SECTION.
  (C)  THE  FAILURE  OF  THE  DEPARTMENT  TO MAIL ANY SUCH DISCRETIONARY
NOTICE, OR THE FAILURE OF  AN  INTENDED  RECIPIENT  TO  RECEIVE  SUCH  A
NOTICE,  SHALL  NOT INVALIDATE THE PROCEEDING OR PREVENT THE ENFORCEMENT
OF THE SAME AS PROVIDED BY LAW.
  7. ANY NOTICE MAILED BY ORDINARY FIRST CLASS  MAIL  PURSUANT  TO  THIS
SECTION  MAY ALSO BE MAILED IN DUPLICATE BY CERTIFIED MAIL AT THE OPTION
OF THE DEPARTMENT.
  S 7. Subdivision 1 of section 1973 of the real  property  actions  and
proceedings  law,  as  amended  by  chapter  593 of the laws of 1983, is
amended to read as follows:
  1. After all provisions of section  nineteen  hundred  seventy-two  of
this  article  have  been  complied  with, the department may commence a
proceeding in a court of competent jurisdiction in the county  in  which
the [dwelling] PROPERTY is located, to vest title to the property in the
city, town or village.
  S 8. Subdivisions 1 and 3 of section 1974 of the real property actions
and proceedings law, subdivision 1 as amended by chapter 573 of the laws
of 1982 and subdivision 3 as amended by chapter 593 of the laws of 1983,
are amended to read as follows:
  1.  If  any party to the proceeding contests the issue of abandonment,
the burden of proving that the [dwelling] PROPERTY is abandoned shall be
upon the department, and the court shall make a  finding  based  on  the
facts before it.
  3.  Upon  a finding by the court that the [dwelling] PROPERTY is aban-
doned, the court shall enter a final judgment in favor of the  petition-
er.  The fact that an administrator has been appointed pursuant to arti-
cle seven-A of this chapter shall not prevent the court from entering  a
final  judgment  in  favor of the petitioner upon a finding by the court
that the [dwelling] PROPERTY is  abandoned.  The  final  judgment  shall
direct such officer of the city, town or village in which the [dwelling]
PROPERTY  is located as may be designated in the judgment to execute and
record a deed conveying title of the  premises  to  the  city,  town  or
village  thirty  days  after  entry  of judgment. Upon the entry of such
judgment the city, town or village shall be seized of an estate  in  fee
simple absolute in such land and all persons, including the state of New
York,  infants,  incompetents,  absentees and non-residents who may have
had any right, title, interest, claim, lien or equity of  redemption  in
or  upon  such  lands shall be barred and forever foreclosed of all such
right, title, interest, claim, lien or equity of redemption.
  S 9. This act shall take effect immediately.