S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1608
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  SHIMSKY,  MAHER -- read once and
   referred to the Committee on Judiciary
 
 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
 services, in [her or his] SUCH  SUPERINTENDENT'S  sole  discretion,  may
 release the information if it is in the best interest of the public. Any
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02344-01-5
              

 A. 1608                             2
 
 such released information shall continue to be treated confidentially by
 the  parties.  The  department 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 offi-
 cial's  district, county, city, town or village maintained on such data-
 base 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  NINETEEN-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
 AMOUNT OF UP TO FIVE THOUSAND DOLLARS PER PROPERTY FOR EACH  SUCH  FAIL-
 URE.
 A. 1608                             3
 
   §  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.