S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6470
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to inspecting, securing and maintaining vacant and abandoned
   residential property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 4 of section 1308 of the real property actions
 and proceedings law, as added by section 1 of part Q of  chapter  73  of
 the laws of 2016, is amended to read as follows:
   4.  If  the  posted  notice  is not responded to or persists for seven
 consecutive calendar days without contact with  the  borrower,  property
 owner  or  occupant  indicating that the property is not vacant or aban-
 doned, or if  an  emergent  property  condition  that  could  reasonably
 damage, destroy or harm the property arises, the servicer shall:
   (a) in cases where the property contains two or more points of ingress
 or  egress,  replace  no  more  than one door lock to provide subsequent
 access to the property;
   (b) secure, replace or board up broken doors and windows;
   (c) secure any part of the property that may be deemed  an  attractive
 nuisance  including,  but  not  limited  to,  a water feature that could
 create a drowning risk, refrigerator  or  freezer  units,  outbuildings,
 wells or septic tanks;
   (d)  take reasonable measures to ensure that pipes, ducts, conductors,
 fans and blowers do not discharge harmful gases, steam, vapor, hot  air,
 grease, smoke, odors or other gaseous or particulate waste directly upon
 abutting  or  adjacent  public  or  private  property or that of another
 tenant;
   (e) where appropriate, winterize the applicable plumbing  and  heating
 systems;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10242-01-7
              

 A. 6470                             2
 
   (f)  provide  basic  utilities  including,  but not limited to, water,
 electricity, natural gas, propane and sewer service, as appropriate  and
 when  allowed  by  the  local  utility provider, that are needed for the
 operation of a sump pump or dehumidifier,  or  when  there  are  jointly
 owned or shared utilities with adjoining properties or units, except for
 turning  off  water  service  to  prevent flooding or water leaks in the
 property, or when other utility service could reasonably create a hazard
 to the property or an unauthorized occupant or person entering the prop-
 erty;
   (g) remove and remediate any significant  health  and  safety  issues,
 including outstanding code violations;
   (h) take reasonable measures to prevent the growth of harmful mold;
   (i)  respond  to  government  inquiries  regarding property condition,
 subject to restrictions regarding financial privacy; [and]
   (j) ensure that the notice required to be posted in subdivision  three
 of this section remains posted on an easily accessible part of the prop-
 erty that would be reasonably visible to the borrower, property owner or
 occupant so long as the duty to maintain applies; AND
   (K) PAY HOMEOWNERS' ASSOCIATION OR COOPERATIVE FEES AS NEEDED TO MAIN-
 TAIN THE PROPERTY.
   § 2. This act shall take effect immediately.