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

                                  1920

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. SCHIMEL, LAVINE, FINCH -- Multi-Sponsored by --
  M. of A. CLARK, KEARNS, WEISENBERG -- read once and  referred  to  the
  Committee on Judiciary

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.
                                                           LBD03346-01-3
              

A. 1920                             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

A. 1920                             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.  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 7. 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 8. This act shall take effect immediately.