S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4493
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed 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
 IF:    (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS DENIED, (II)
 THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00897-01-9

 S. 4493                             2
 
 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.
   § 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.