S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3369
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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  amended  by chapter 168 of the laws of 2019,
 paragraph (k) as amended by chapter 509 of the laws of 2022, 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04733-01-3
 S. 3369                             2
              

 
   [(e)] V. where appropriate,  winterize  the  applicable  plumbing  and
 heating systems;
   [(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;
   [(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; and
   [(k)] XI. pay homeowners' association, condominium common  charges  as
 defined  in section three hundred thirty-nine-e of the real property law
 or cooperative fees as needed to maintain the property.
   (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.