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

                                   854

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN, JAFFEE, GIBSON -- Multi-Sponsored by
  -- M. of A. GLICK, GOTTFRIED, NOLAN -- read once and referred  to  the
  Committee on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to title to an abandoned multiple dwelling in a city, town or
  village

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

  Section 1.  Subdivision 3 of section 1972 of the real property actions
and  proceedings  law,  as  added by chapter 864 of the laws of 1973, is
amended to read as follows:
  3. Within five days of the service of notice on the owner, a  copy  of
the  certification  shall be served on each mortgagee, lienor and lessee
of record, personally or by registered mail to the address set forth  in
the recorded instrument or, if no address appears therein, to the person
at  whose  request the instrument was recorded.  Such copy shall, in the
case of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice  that
proceedings  pursuant to this article may be instituted unless the mort-
gagee or lienor,  within  fifteen  days  of  such  mailing,  either  (A)
commences  proceedings  to  foreclose the mortgage or lien AND MOVES FOR
THE APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO  COMPLIANCE
WITH  THE  APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE
OF APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY  AGREEMENT
WITH  THE DEPARTMENT or [enters into an agreement with the department to
bring the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED  IN
THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
provisions  of law WITHIN NINETY DAYS FROM THE DATE OF TAKING POSSESSION
OR SUCH LONGER PERIOD AS  MAY  BE  ESTABLISHED  BY  AGREEMENT  WITH  THE
DEPARTMENT.  THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
RY  IN  THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO THIS ARTICLE

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

                                                           LBD03700-01-3

A. 854                              2

IF:  (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS  DENIED,  (II)
THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
CABLE  PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE OF APPOINTMENT
OR  SUCH  LONGER  PERIOD  AS  MAY  BE  ESTABLISHED BY AGREEMENT WITH THE
DEPARTMENT; OR (III) THE MORTGAGEE OR  LIENOR  IN  POSSESSION  FAILS  TO
BRING THE BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW
WITHIN  NINETY  DAYS  FROM  THE DATE OF TAKING POSSESSION OR SUCH LONGER
PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE DEPARTMENT.
  S 2.  This act shall take effect on  the  one  hundred  twentieth  day
after  it  shall  have  become  a  law  and  shall  apply to proceedings
commenced on or after such date.