NY State Senate Bill 2025-S2122

Senate Bill S2122

2025-2026 Legislative Session

Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property

download bill text pdf

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2025	referred to housing, construction and community development

2025-S2122 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §1307, RPAP L

2025-S2122 (ACTIVE) - Summary

Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property in an amount of up to $500 per day for each day such violation persists after the judgement of foreclosure has been issued.

2025-S2122 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2122

SPONSOR: FAHY
 
PURPOSE:

To amend the real property tax law, in relation to authorizing certain
homeowners and nonprofit institutions in New York City receive a tax
abatement of up to two thousand dollars for the installation of sewer
line "(check valves)" to prevent sewage backflow.

 
SUMMARY OF PROVISIONS:

The real property tax law is amended to add section 471 to provide home-
owners and nonprofit institutions in New York City with an abatement of
up to fifty percent (up to two thousand dollars) towards the cost of
installing a sewer line check valve to prevent sewage backflow. For
homeowners, the abatement will be a credit against their property tax,
while for nonprofit organizations, the abatement will be a credit
against their sewer and water bill.

 
JUSTIFICATION:

Many residential properties and nonprofit institutions in New York City
experience sewage backflow during rainstorms due to the City's failure
to develop its sewer system infrastructure to keep pace with the City's
growth. Until the City makes the massive infrastructure improvements
necessary to solve this problem, homeowners can prevent raw sewage back-
flow by installing a sewer line check valve.  Unfortunately, this essen-
tial mitigation device is expensive, making it unattainable for many
homeowners and nonprofit groups. A tax abatement is necessary to make
the check valve affordable.

 
PRIOR LEGISLATIVE HISTORY:

01/03/24 REFERRED TO CITIES 1

01/19/23 REFERRED TO CITIES 1

01/05/22 REFERRED TO CITIES 1

 
FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2025-S2122 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2122
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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 authorizing municipalities and the department of financial
   services to seek civil penalties for violations of the duty  to  main-
   tain a foreclosed property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1307 of the real property actions  and  proceedings
 law is amended by adding a new subdivision 3-a to read as follows:
   3-A.  (A) IN ADDITION TO THE RIGHTS TO ENFORCE CERTAIN OBLIGATIONS AND
 RECOVER CERTAIN COSTS PURSUANT TO SUBDIVISION  THREE  OF  THIS  SECTION,
 VIOLATIONS  OF  THIS  SECTION  BY  A PLAINTIFF IN A MORTGAGE FORECLOSURE
 ACTION MAY BE BROUGHT BEFORE A HEARING OFFICER OR A COURT  OF  COMPETENT
 JURISDICTION BY AN ENTITY AUTHORIZED PURSUANT TO PARAGRAPH (B) OR (C) OF
 THIS SUBDIVISION. IF IT SHALL APPEAR TO THE SATISFACTION OF SUCH HEARING
 OFFICER  OR COURT, BASED ON THE PREPONDERANCE OF THE EVIDENCE, THAT SUCH
 PLAINTIFF HAS VIOLATED THIS SECTION, A CIVIL PENALTY MAY  BE  ISSUED  BY
 SUCH  HEARING  OFFICER  OR  COURT  IN  THE  AMOUNT OF UP TO FIVE HUNDRED
 DOLLARS PER DAY FOR EACH DAY SUCH VIOLATION PERSISTED AFTER THE JUDGMENT
 OF FORECLOSURE HAS BEEN ISSUED.
   (B) THE SUPERINTENDENT OF FINANCIAL SERVICES MAY, AS  APPROPRIATE  AND
 IN SUCH SUPERINTENDENT'S SOLE DISCRETION, PURSUE ANY SUSPECTED VIOLATION
 OF  THIS SECTION BY A PLAINTIFF IN A MORTGAGE FORECLOSURE ACTION. BEFORE
 TAKING SUCH ACTION, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL  GIVE
 SUCH PLAINTIFF AT LEAST SEVEN DAYS' NOTICE OF SUCH VIOLATION.
   (C)  THE  MUNICIPALITY  IN  WHICH  SUCH  RESIDENTIAL  REAL PROPERTY IS
 LOCATED SHALL HAVE THE RIGHT TO ENFORCE  THE  OBLIGATIONS  DESCRIBED  IN
 THIS SECTION IN ANY COURT OF COMPETENT JURISDICTION AFTER AT LEAST SEVEN
 DAYS'  NOTICE  TO  THE  PLAINTIFF IN THE MORTGAGE FORECLOSURE ACTION FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05092-01-5

 S. 2122                             2
 
 SUCH PROPERTY,  UNLESS  SUCH  PROPERTY  REQUIRES  EMERGENCY  REPAIRS  TO
 ADDRESS A THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE, IN WHICH CASE SUCH
 MUNICIPALITY  MAY ENTER AND MAINTAIN SUCH PROPERTY TO CURE SUCH EMERGEN-
 CY, PROVIDED HOWEVER, NOTICE SHALL BE PROVIDED TO SUCH PLAINTIFF AS SOON
 AS PRACTICABLE. SUCH MUNICIPALITY SHALL PROVIDE THE DEPARTMENT OF FINAN-
 CIAL SERVICES WITH WRITTEN NOTICE AT LEAST TEN DAYS PRIOR TO BRINGING AN
 ACTION  PURSUANT TO THIS SUBDIVISION; PROVIDED, HOWEVER, THAT FAILURE TO
 COMPLY WITH SUCH NOTICE REQUIREMENT SHALL NOT BE A DEFENSE  AGAINST  THE
 ACTION  PURSUANT  TO  THIS  SUBDIVISION.  THE AUTHORITY PROVIDED BY THIS
 SUBDIVISION SHALL BE IN ADDITION TO, AND SHALL NOT BE DEEMED TO DIMINISH
 OR REDUCE, ANY RIGHTS OF THE PARTIES DESCRIBED  IN  THIS  SECTION  UNDER
 EXISTING  LAW AGAINST THE PLAINTIFF FOR FAILURE TO MAINTAIN SUCH PROPER-
 TY.  ANY CIVIL PENALTY IMPOSED PURSUANT TO PARAGRAPH (A) OF THIS  SUBDI-
 VISION IN AN ACTION BROUGHT BY A MUNICIPALITY PURSUANT TO THIS PARAGRAPH
 SHALL BE RETAINED BY SUCH MUNICIPALITY.
   (D)  THE  DEPARTMENT  OF  FINANCIAL  SERVICES  SHALL BE AUTHORIZED AND
 EMPOWERED TO ADOPT SUCH RULES AND REGULATIONS AS MAY, IN THE JUDGMENT OF
 THE SUPERINTENDENT OF FINANCIAL SERVICES, BE NECESSARY FOR THE EFFECTIVE
 IMPLEMENTATION,  ADMINISTRATION,  OPERATION  AND  ENFORCEMENT  OF   THIS
 SECTION.
   § 2. This act shall take effect immediately.

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