Senate Bill S5292

2013-2014 Legislative Session

Requires certain individuals or entities to maintain a property in good condition during the term of foreclosure

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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-S5292 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1307, RPAP L; add §270.40, Pen L
Versions Introduced in 2015-2016 Legislative Session:
S769

2013-S5292 (ACTIVE) - Summary

Requires certain individuals or entities to maintain a property in good condition during the term of foreclosure; creates a class B misdemeanor for any person who violates such provisions.

2013-S5292 (ACTIVE) - Sponsor Memo

2013-S5292 (ACTIVE) - Bill Text download pdf

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

                                  5292

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend the real property actions and proceedings law and the
  penal law, in relation to requiring a plaintiff in a mortgage foreclo-
  sure action to maintain the subject property in good faith

  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 "Good
Neighbor Act".
  S 2. Subdivision 1 of 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:
  1.  A  plaintiff [in] WHO COMMENCES a mortgage foreclosure action [who
obtains], INCLUDING A LENDER, AN ASSIGNEE OR A MORTGAGE  LOAN  SERVICER,
SEEKING  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 COMMENCEMENT OF THE ACTION OR the  issu-
ance  of such judgment, or is abandoned by the mortgagor but occupied by
a tenant, as defined under section thirteen hundred five of  this  arti-
cle,  shall  IN  GOOD  FAITH  maintain  such property until such time as
ownership has been transferred through the closing of title in  foreclo-
sure, 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. AS USED IN THIS
SECTION, THE TERM "GOOD FAITH" SHALL BE DEFINED AS HONESTY IN  FACT  AND
THE OBSERVANCE OF REASONABLE STANDARDS OF FAIR DEALING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10570-02-3

              

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