S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3444
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to title to an abandoned multiple dwelling in a city, town or
   village
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 3 of section 1972 of the real property actions
 and  proceedings  law,  as  added by chapter 864 of the laws of 1973, is
 amended to read as follows:
   3. Within five days of the service of notice on the owner, a  copy  of
 the  certification  shall be served on each mortgagee, lienor and lessee
 of record, personally or by registered mail to the address set forth  in
 the recorded instrument or, if no address appears therein, to the person
 at  whose  request the instrument was recorded.  Such copy shall, in the
 case of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice  that
 proceedings  pursuant to this article may be instituted unless the mort-
 gagee or lienor,  within  fifteen  days  of  such  mailing,  either  (A)
 commences  proceedings  to  foreclose the mortgage or lien AND MOVES FOR
 THE APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO  COMPLIANCE
 WITH  THE  APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE
 OF APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY  AGREEMENT
 WITH  THE DEPARTMENT or [enters into an agreement with the department to
 bring the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED  IN
 THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
 provisions  of law WITHIN NINETY DAYS FROM THE DATE OF TAKING POSSESSION
 OR SUCH LONGER PERIOD AS  MAY  BE  ESTABLISHED  BY  AGREEMENT  WITH  THE
 DEPARTMENT.  THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
 RY  IN  THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO THIS ARTICLE
 IF:  (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS  DENIED,  (II)
 THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06784-01-5
              

 A. 3444                             2
 
 CABLE  PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE OF APPOINTMENT
 OR SUCH LONGER PERIOD AS  MAY  BE  ESTABLISHED  BY  AGREEMENT  WITH  THE
 DEPARTMENT;  OR  (III)  THE  MORTGAGEE  OR LIENOR IN POSSESSION FAILS TO
 BRING THE BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW
 WITHIN  NINETY  DAYS  FROM  THE DATE OF TAKING POSSESSION OR SUCH LONGER
 PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE DEPARTMENT.
   § 2.  This act shall take effect on  the  one  hundred  twentieth  day
 after  it  shall  have  become  a  law  and  shall  apply to proceedings
 commenced on or after such date.