Assembly Bill A5358

2009-2010 Legislative Session

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

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Sponsored By

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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2009-A5358 (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add ยง9-102, Gen Ob L

2009-A5358 (ACTIVE) - Summary

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

2009-A5358 (ACTIVE) - Bill Text download pdf 

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

                                  5358

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. SPANO, BENEDETTO, BENJAMIN, FIELDS, GREENE, MILL-
  MAN, GABRYSZAK -- Multi-Sponsored by -- M. of A. GALEF, PEOPLES, PHEF-
  FER -- read once and referred 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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