S T A T E   O F   N E W   Y O R K
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                                   8849
 
                           I N  A S S E M B L Y
 
                             January 18, 2022
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to requiring a plaintiff in a mortgage foreclosure action  to
   maintain the subject property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 1307 of the real property  actions
 and  proceedings  law is amended by adding four new paragraphs (a), (b),
 (c), and (d) to read as follows:
   (A) A RESIDENTIAL PROPERTY IS DEEMED VACANT FOR THE PURPOSES  OF  THIS
 SECTION  IF  THE  RESIDENTIAL PROPERTY MEETS THE DEFINITION OF A "VACANT
 AND ABANDONED RESIDENTIAL PROPERTY" UNDER SECTION THIRTEEN HUNDRED  NINE
 OF  THIS ARTICLE OR THERE IS AN ORDER OR FINDING BY A COURT OF COMPETENT
 JURISDICTION OR BY THE MUNICIPALITY IN WHICH THE RESIDENTIAL PROPERTY IS
 LOCATED THAT THE PROPERTY IS VACANT;
   (B) A RESIDENTIAL PROPERTY IS DEEMED ABANDONED BY  THE  MORTGAGOR  IF:
 (I)  ALL  OWNERS  OF  THE RESIDENTIAL PROPERTY HAVE INDICATED IN WRITING
 THAT THEY HAVE ABANDONED ALL RIGHTS OF  POSSESSION  TO  THE  RESIDENTIAL
 PROPERTY;
   (II) THERE IS AN ORDER OR FINDING BY A COURT OF COMPETENT JURISDICTION
 OR  BY  THE  MUNICIPALITY  IN WHICH THE RESIDENTIAL PROPERTY IS LOCATED,
 EITHER ON THE INITIATIVE OF THE COURT OR MUNICIPALITY OR IN RESPONSE  TO
 A  COMPLAINT  FILED WITH THE COURT OR MUNICIPALITY BY A TENANT IN LAWFUL
 OCCUPANCY, THAT THE PROPERTY WAS ABANDONED BY THE MORTGAGOR; OR
   (III) THE PLAINTIFF RECEIVES A COMPLAINT FROM A TENANT IN LAWFUL OCCU-
 PANCY OF THE RESIDENTIAL PROPERTY INDICATING THAT THE OWNER OF THE RESI-
 DENTIAL PROPERTY HAS CEASED MAINTAINING THE PROPERTY AND:
   (1) THE PLAINTIFF POSTS A NOTICE  ON  THE  RESIDENTIAL  PROPERTY  THAT
 WOULD BE REASONABLY VISIBLE TO THE OWNER OF THE PROPERTY INDICATING THAT
 THE  PROPERTY  IS DEEMED ABANDONED AND THE OWNER MUST CONTACT THE PLAIN-
 TIFF AT A NUMBER LISTED ON THE NOTICE IF THE  OWNER  STILL  OCCUPIES  OR
 CLAIMS THE RIGHT TO OCCUPY THE PROPERTY; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08533-04-2
              

 A. 8849                             2
 
   (2)  THE  PLAINTIFF  HAS  RECEIVED NO COMMUNICATION WITHIN ONE WEEK OF
 POSTING THE NOTICE OF THE OWNER'S INTENTION TO OCCUPY THE PROPERTY.
   (C)  SUCH  PLAINTIFF SHALL HAVE THE RIGHT TO PEACEABLY ENTER UPON SUCH
 PROPERTY, OR TO CAUSE OTHERS TO PEACEABLY ENTER UPON  THE  PROPERTY  FOR
 THE  LIMITED PURPOSE OF INSPECTIONS, REPAIRS AND MAINTENANCE AS REQUIRED
 BY THIS SECTION, OR AS OTHERWISE ORDERED BY  COURT;  PROVIDED,  HOWEVER,
 THAT IF THE PROPERTY IS OCCUPIED BY A TENANT, AT LEAST SEVEN DAYS NOTICE
 MUST  BE  GIVEN TO SUCH TENANT, UNLESS EMERGENCY REPAIRS ARE REQUIRED IN
 WHICH CASE REASONABLE NOTICE SHALL BE PROVIDED TO THE TENANT.
   (D) ANY PLAINTIFF THAT ENTERS A RESIDENTIAL PROPERTY  WITHOUT  A  GOOD
 FAITH  BASIS  FOR BELIEVING THAT THE PROPERTY IS VACANT OR ABANDONED AND
 WHO DOES NOT COMPLY WITH THE  REQUIREMENTS  OF  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION  SHALL  BE SUBJECT TO A PENALTY OF FIVE HUNDRED DOLLARS THAT
 MAY BE SOUGHT BY THE OWNER OF THE RESIDENTIAL PROPERTY OR ANY TENANT  IN
 LAWFUL  POSSESSION  OF SUCH PROPERTY. THIS PENALTY MAY BE RECOVERED BY A
 PROPERTY OWNER OR TENANT IN LAWFUL OCCUPANCY  OF  SUCH  PROPERTY  EITHER
 WITHIN  THE  FORECLOSURE  ACTION PENDING AGAINST THE SUBJECT RESIDENTIAL
 REAL PROPERTY OR IN A SEPARATE ACTION COMMENCED TO COLLECT THE PENALTY.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2021 amending the real property
 actions and proceedings law relating to requiring a plaintiff in a mort-
 gage foreclosure action to maintain the subject property, as proposed in
 legislative bills numbers S. 1579-A and A. 5923-A, takes effect.