S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4026--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, SHIMSKY, MAHER -- read once and
   referred to the Committee on Judiciary -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  penalties  for  failure  to  comply with maintenance and
   reporting of  vacant  and  abandoned  properties,  and  reporting  and
   release of information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 8 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:
   (a)  Violations  of this section may be heard before a hearing officer
 or a court of competent jurisdiction. If it shall appear to  the  satis-
 faction  of the hearing officer or the court, based on the preponderance
 of the evidence, that the mortgagee or agent of a mortgagee has violated
 this section, a civil penalty may be issued by the  hearing  officer  or
 the  court  in  the amount of up to [five] SIX hundred FIFTY dollars per
 day per property for each day the violation persisted.
   § 2. Subdivision 1 of section 1310 of the real  property  actions  and
 proceedings  law,  as  added by section 4 of part Q of chapter 73 of the
 laws of 2016, is amended to read as follows:
   1. The department of financial services  shall  maintain  a  statewide
 vacant  and  abandoned  property  registry  in the form of an electronic
 database. The department of financial services may, in  accordance  with
 the  applicable  provisions  of  the state finance law, retain a private
 contractor to administer such database for the  purposes  of  satisfying
 this  requirement.  The information provided to the department of finan-
 cial services pursuant to this  section  shall  be  deemed  and  treated
 confidential,   provided   however,   the  superintendent  of  financial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05004-05-3
              

 A. 4026--A                          2
 
 services, in her or his sole discretion, may release the information  if
 it  is in the best interest of the public. Any such released information
 shall continue to be treated confidentially by the parties. The  depart-
 ment  of  financial services shall, upon written request, provide public
 officials of any state district, county,  city,  town  or  village  with
 access to information specific to such public official's district, coun-
 ty,  city,  town  or  village maintained on such database to further the
 purposes of this section, section thirteen hundred seven of this article
 or article nineteen-A of this chapter, or any other related  law,  code,
 rule,  regulation  or  ordinance, AND SUCH STATE DISTRICT, COUNTY, CITY,
 TOWN OR VILLAGE THAT RECEIVES SUCH INFORMATION FROM  THE  DEPARTMENT  OF
 FINANCIAL  SERVICES  MAY  SHARE  SUCH  INFORMATION  WITH  ANOTHER  STATE
 DISTRICT, COUNTY, CITY, TOWN, VILLAGE  OR  MUNICIPAL  LANDBANK  FOR  THE
 PURPOSE  OF COORDINATING AND COOPERATING TO FURTHER THE PURPOSES OF THIS
 SECTION, SECTION THIRTEEN HUNDRED SEVEN OF THIS ARTICLE OR ARTICLE NINE-
 TEEN-A OF THIS CHAPTER OR ANY OTHER RELATED LAW, CODE, RULE,  REGULATION
 OR ORDINANCE.
   §  3.  Subdivision  2 of section 1310 of the real property actions and
 proceedings law, as added by section 4 of part Q of chapter  73  of  the
 laws of 2016, is amended to read as follows:
   2.  A lender, assignee or mortgage loan servicer shall submit or cause
 to be submitted to the  department  of  financial  services  information
 required  by  the  superintendent of financial services about any vacant
 and abandoned residential real property, as  that  term  is  defined  in
 subdivision  two of section thirteen hundred nine of this article, or as
 the superintendent of financial services may otherwise define that term,
 within twenty-one business days of when the lender, assignee or mortgage
 loan servicer learns, or should have  learned,  that  such  property  is
 vacant and abandoned. Such information shall, at a minimum, include: (a)
 the  current  name, TITLE, MAILING address, ADDRESS FOR SERVICE OF PROC-
 ESS, and contact information, INCLUDING DIRECT PHONE  NUMBER  AND  EMAIL
 ADDRESS  for [the] EACH lender, assignee [or] AND mortgage loan servicer
 responsible for maintaining the vacant property, AND  FOR  EACH  LENDER,
 ASSIGNEE  AND  MORTGAGE  LOAN SERVICER THAT IS AUTHORIZED OR REQUIRED TO
 PROVIDE FUNDS FOR THE MAINTENANCE OF SUCH PROPERTY; (b) whether a  fore-
 closure  action has been filed for the property in question, and, if so,
 the date on which the foreclosure action was commenced; and (c) the last
 known address and contact information for [the mortgagor(s)] ANY MORTGA-
 GOR of record.
   § 4. Section 1310 of the real property actions and proceedings law  is
 amended by adding a new subdivision 6 to read as follows:
   6.  (A) THIS SECTION MAY BE ENFORCED IN THE SAME MANNER AS PROVIDED IN
 PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION  EIGHT  OF  SECTION  THIRTEEN
 HUNDRED EIGHT OF THIS ARTICLE.
   (B)  A VIOLATION OF THIS SECTION MAY BE HEARD BEFORE A HEARING OFFICER
 OR A COURT OF COMPETENT JURISDICTION. IF IT SHALL APPEAR TO  THE  SATIS-
 FACTION  OF THE HEARING OFFICER OR THE COURT, BASED ON THE PREPONDERANCE
 OF THE EVIDENCE, THAT THE LENDER, ASSIGNEE OR MORTGAGE LOAN SERVICER HAS
 VIOLATED THIS SECTION BY FAILING TO SUBMIT OR TO CAUSE TO  BE  SUBMITTED
 TO  THE DEPARTMENT OF FINANCIAL SERVICES ANY INFORMATION REQUIRED BY THE
 SUPERINTENDENT OF FINANCIAL SERVICES  ABOUT  ANY  VACANT  AND  ABANDONED
 PROPERTY  PURSUANT  TO  THIS  SECTION,  OR  FAILING  TO  MAKE AN AMENDED
 SUBMISSION WHEN ANY SUCH INFORMATION HAS MATERIALLY  CHANGED  SINCE  THE
 LATEST  SUBMISSION,  AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, A
 CIVIL PENALTY MAY BE ISSUED BY THE HEARING OFFICER OR THE COURT  IN  THE
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 AMOUNT  OF  UP TO FIVE THOUSAND DOLLARS PER PROPERTY FOR EACH SUCH FAIL-
 URE.
   §  5. Section 1310 of the real property actions and proceedings law is
 amended by adding a new subdivision 7 to read as follows:
   7. THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PUBLISH ON OR BEFORE
 FEBRUARY FIFTEENTH EACH YEAR AN ANNUAL REPORT PRESENTING DATA  REGARDING
 PROPERTIES  THAT  APPEARED  ON  THE REGISTRY DURING THE MOST RECENT YEAR
 ENDING DECEMBER THIRTY-FIRST. SUCH DATA SHALL, AT  A  MINIMUM,  INCLUDE,
 FOR  EACH COUNTY, CITY, AND TOWN, THE TOTAL NUMBER OF PROPERTIES AND THE
 TOTAL NUMBER OF DWELLING UNITS IN SUCH PROPERTIES: (A) INCLUDED  IN  THE
 REGISTRY  AT THE BEGINNING OF THE YEAR, (B) ADDED TO THE REGISTRY DURING
 THE YEAR, (C) REMOVED  FROM  THE  REGISTRY  DURING  THE  YEAR,  AND  (D)
 INCLUDED IN THE REGISTRY AT THE END OF THE YEAR. FOR PROPERTIES INCLUDED
 IN  THE  REGISTRY  AT  THE END OF THE YEAR, THE DATA SHALL INDICATE, FOR
 EACH COUNTY, CITY, OR TOWN, HOW MANY PROPERTIES AND  DWELLING  UNITS  IN
 SUCH  PROPERTIES  HAVE BEEN INCLUDED IN THE REGISTRY FOR (I) SIX CONSEC-
 UTIVE MONTHS OR LESS, (II) ONE YEAR OR LESS, (III) TWO  YEARS  OR  LESS,
 (IV) THREE YEARS OR LESS, OR (V) LONGER THAN THREE YEARS.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law.