NY State Senate Bill 2009-S1182

Senate Bill S1182

2009-2010 Legislative Session

Requires prevailing party in foreclosure action to maintain property in safe and habitable condition

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	recommit, enacting clause stricken
Jan 06, 2010	referred to judiciary returned to senate died in assembly
Feb 25, 2009	referred to judiciary delivered to assembly passed senate
Feb 23, 2009	advanced to third reading
Feb 11, 2009	2nd report cal.
Feb 10, 2009	1st report cal.18
Jan 27, 2009	referred to judiciary

Votes

- Feb 25, 2009 - Floor Vote
  S1182
  
  47
  
  Aye
  
  11
  
  Nay
  
  3
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 25, 2009
      
      aye (47)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (11)
      
      Alesi
      
      DeFrancisco
      
      Golden
      
      Johnson
      
      Lanza
      
      Leibell
      
      Nozzolio
      
      Saland
      
      Seward
      
      Volker
      
      Young
      
      absent (3)
      
      Farley
      
      Hannon
      
      Winner
      
      excused (1)
      
      Flanagan

co-Sponsors

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2009-S1182 (ACTIVE) - Details

See Assembly Version of this Bill:: A5358
Law Section:: General Obligations Law
Laws Affected:: Add §9-102, Gen Ob L

2009-S1182 (ACTIVE) - Summary

Requires prevailing party in foreclosure action to maintain property in safe and habitable condition; allows municipality to enforce this section.

2009-S1182 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1182

 TITLE OF BILL :

An act to amend the general obligations law, in relation to conditions
on real property


 PURPOSE :

Requires prevailing party in foreclosure action to maintain property
in safe and habitable condition.

 SUMMARY OF PROVISIONS :

Adds a new section 9-102 to the general obligations law imposing a
duty to keep property in a mortgage foreclosure action in a safe and
habitable condition from the time that the mortgage holder recovers
possession of the property until it is sold, occupied by a renter or
otherwise legally disposed of. Gives the municipality in which the
property is located and any homeowners association whose rules and
regulations govern the premises the right to civilly enforce this
duty.

 JUSTIFICATION :

Sub-prime mortgages offered by unscrupulous real estate brokers and
predatory lenders continue to threaten the fabric of homeownership in
New York State. The impact of the resulting foreclosures is rapidly
becoming a crisis for entire communities as vacant properties cause
increased fire hazards, facilitate criminal activity, and depress
surrounding property values.

Because foreclosed properties can sit vacant for many months, possibly
even years, requiring a responsible party to maintain them is
essential to mitigating the detrimental effects of the sub-prime
foreclosure crisis. When a home is lost to foreclosure, the vacant
property creates a spillover effect on the surrounding community,
including a measurable decline in property values on nearby homes.
Allowing the foreclosed property to fall into disrepair only
exacerbates that effect and further saps the economic vitality of our
communities.

A January 2008 study conducted the Center for Responsible Lending
(CRL), estimated that a residential mortgage foreclosure lowers the
price of other nearby single-family homes, on average, by 0.9 percent
and the downward pressure on housing prices persists to houses that
are sold up to two years after the foreclosure.

 LEGISLATIVE HISTORY :

S.7028 of 2008 - REFERRED TO JUDICIARY

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S1182 (ACTIVE) - Bill Text download pdf

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

                                  1182

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by  Sens.  KLEIN,  DIAZ,  DILAN, DUANE, HUNTLEY, C. JOHNSON,
  KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER,  PERKINS,  SAMPSON,
  SAVINO,  SMITH,  STACHOWSKI,  STAVISKY,  THOMPSON  --  read  twice and
  ordered printed, and when printed to be committed to the Committee  on
  Judiciary

AN  ACT  to amend the general obligations law, in relation to conditions
  on real property

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

  Section  1.  The  general  obligations  law is amended by adding a new
section 9-102 to read as follows:
  S 9-102. DUTY TO KEEP PROPERTY IN A MORTGAGE FORECLOSURE ACTION  IN  A
SAFE AND HABITABLE CONDITION. WHERE A FINAL JUDGMENT FOR THE HOLDER OF A
MORTGAGE HAS BEEN RENDERED IN AN ACTION TO RECOVER ANY PART OF THE MORT-
GAGED  DEBT,  IT SHALL BE THE DUTY OF THE PREVAILING PARTY TO ENTER INTO
CONTROL AND POSSESSION OF THE FORECLOSED PROPERTY AND TO MAINTAIN IT  IN
A SAFE AND HABITABLE CONDITION UNTIL SAID PREMISES ARE SOLD, OCCUPIED BY
A RENTER OR OTHERWISE LEGALLY DISPOSED OF. THE MUNICIPALITY IN WHICH THE
PREMISES  ARE  LOCATED OR A HOMEOWNERS ASSOCIATION, IF SAID PREMISES ARE
SUBJECT TO THE RULES AND REGULATIONS OF SUCH ASSOCIATION, SHALL HAVE THE
RIGHT TO ENFORCE THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05259-01-9

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