S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8641
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              October 2, 2019
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  prohibiting  the  use  of  plywood, wood composite, wood
   veneer or similar wood-based products to secure real 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.  (A) 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)]  I.  in  cases where the property contains two or more points of
 ingress or egress, replace no more than one door lock to provide  subse-
 quent access to the property;
   [(b)] II. secure, replace or board up broken doors and windows;
   [(c)]  III.  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)] IV. 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)] V. 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.
                                                            LBD05988-03-9
              

 A. 8641                             2
 
   [(f)]  VI.  provide  basic  utilities  including,  but not limited to,
 water, electricity, natural gas, propane and sewer service, as appropri-
 ate 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)] VII. remove and remediate  any  significant  health  and  safety
 issues, including outstanding code violations;
   [(h)]  VIII. take reasonable measures to prevent the growth of harmful
 mold;
   [(i)] IX. respond to government inquiries  regarding  property  condi-
 tion, subject to restrictions regarding financial privacy; and
   [(j)]  X.  ensure that the notice required to be posted in subdivision
 three of this section remains posted on an easily accessible part of the
 property that would be reasonably  visible  to  the  borrower,  property
 owner or occupant so long as the duty to maintain applies.
   (B)  NO PERSON, MUNICIPALITY OR GOVERNMENTAL ENTITY SHALL USE PLYWOOD,
 WOOD COMPOSITE, WOOD VENEER, OR SIMILAR WOOD-BASED  PRODUCTS  TO  SECURE
 ANY  REAL  PROPERTY  THAT  IS  DEEMED  VACANT AND ABANDONED BASED ON THE
 CRITERIA SET FORTH IN SUBDIVISION TWO OF THIS SECTION.
   § 2. Paragraph (a) of subdivision 8 of section 1308 of the real  prop-
 erty  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:
   (a) [Violations] EXCEPT FOR VIOLATIONS OF PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION, VIOLATIONS of this section may be heard  before  a
 hearing officer or a court of competent jurisdiction. If it shall appear
 to  the  satisfaction  of the hearing officer or the court, based on the
 preponderance of the evidence, that the mortgagee or agent of a  mortga-
 gee  has  violated  this  section,  a civil penalty may be issued by the
 hearing officer or the court in the amount of up to five hundred dollars
 per day per property for each day the violation persisted.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.