Senate Bill S4556

2023-2024 Legislative Session

Relates to determining when a dwelling is abandoned

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Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4556 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1971, RPAP L

2023-S4556 (ACTIVE) - Summary

Relates to determining when a dwelling is abandoned.

2023-S4556 (ACTIVE) - Sponsor Memo

2023-S4556 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4556
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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 determining when a dwelling is abandoned
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 1 of section 1971 of the  real
 property  actions  and proceedings law, as amended by chapter 529 of the
 laws of 2008, is amended to read as follows:
   (b) In the case of a vacant dwelling, it is not sealed or continuously
 guarded, IN THAT ADMITTANCE TO THE PROPERTY MAY BE GAINED WITHOUT DAMAG-
 ING ANY PORTION OF THE PROPERTY, as required by law or it was sealed  or
 is  continuously  guarded by a person other than the owner, a mortgagee,
 lienor or agent thereof, and [either] ANY of the following facts exists:
   (i) A vacate order of the  department  or  other  governmental  agency
 currently prohibits occupancy of the dwelling; or
   (ii)  The tax on such premises has been due and unpaid for a period of
 at least one year; or
   (III) THE PROPERTY HAS HAD A ZONING, BUILDING OR PROPERTY  MAINTENANCE
 CODE  VIOLATION WHICH HAS THE POTENTIAL TO INJURE, ENDANGER OR UNREASON-
 ABLY ANNOY THE HEALTH AND SAFETY OF OTHERS THAT  HAS  BEEN  CONTINUOUSLY
 OUTSTANDING  AND NOT REMEDIED FOR A PERIOD OF AT LEAST ONE YEAR FROM THE
 DATE THE ORIGINAL NOTICE OF VIOLATION WAS SERVED UPON THE PROPERTY OWNER
 PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES IF THE OWNER IS A NATURAL PERSON, OR PURSUANT  TO
 SECTION  THREE HUNDRED TEN, THREE HUNDRED TEN-A, THREE HUNDRED ELEVEN OR
 THREE HUNDRED ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES IF THE  OWNER
 IS  A PARTNERSHIP, LIMITED PARTNERSHIP, CORPORATION OR LIMITED LIABILITY
 COMPANY, RESPECTIVELY; OR
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08994-01-3

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