* § 1981. Certification of abandonment. 1. The department may make a
finding that a commercial or industrial real property is abandoned if:

(a) The owner of a commercial or industrial real property has failed
for a period of at least three consecutive months either to collect rent
or to institute summary proceedings for nonpayment of rent, and the
department finds that the commercial or industrial real property has
become a danger to life, health or safety as a result of the owner's
failure to assume its responsibility for its condition. Such failure may
be shown by such facts as an owner's failure to provide services
including, but not limited to, the failure to make repairs, supply
janitorial service, purchase fuel or other needed supplies, or pay
utility bills. The appointment of an administrator shall not prevent the
department from making a finding that a commercial or industrial real
property is abandoned; or

(b) In the case of a vacant commercial or industrial real property, it
is not sealed or continuously guarded 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 of the following facts
exists:

(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the commercial or industrial real
property; 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 that has the potential to injure or endanger the health
and safety of others or to unreasonably annoy others and that has been
continuously outstanding and not remediated for a period of at least one
year from the date the original order to correct or 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

(c) In the case of a building for which an administrator has been
appointed:

(i) no motion for the termination of the judgment has been granted by
the appointing court;

(ii) no mortgagee or lienor has commenced foreclosure proceedings; and

(iii) at least six months have passed since the granting of a judgment
appointing an administrator.

2. When the department finds that a commercial or industrial real
property is abandoned within the meaning of this article, it shall make
and file among its records a certification containing such finding and
the facts on which it is based. Further, it shall immediately affix to
the commercial or industrial real property in a prominent and
conspicuous location, a notice that the real property has been found to
be abandoned and that it is a crime to take, remove or otherwise damage
any fixture or part of the property or any building or structure located
thereon.

* NB Repealed June 30, 2025