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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance
Assembly Floor Calendar · Sponsor Helene Weinstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2264
Title of bill
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
Summary of provisions
Section 1: amends subdivision 3 of section 1972 of the real property actions and proceedings law to require a mortgagee or lienor, who institutes proceedings to foreclose, to have a receiver appointed and ordered to enter into an agreement with the appropriate agency to repair and correct violations of housing maintenance laws, or alternatively to take possession of the premises themselves and enter into a repair agreement with the city agency to prevent the agency from taking title to an abandoned building.
Section 2: Effective 120 days after it shall have become law.
Justification
The purpose of the abandoned building law (article 19-A of the real property actions and proceedings law) is to allow the city government to take title to buildings to ensure they are properly managed after abandonment. An owner may block such proceedings by resuming management and undertaking repairs. If the owner does not make repairs, then mortgagees and lienors may stop article 19-A proceedings by merely starting a foreclosure action. However, current law does not require the mortgagee or lienor to follow through with the foreclosure action or ensure that someone is appointed and empowered to manage the building.
In order to correct this situation, this bill would require the mortgagee or lienor to proceed with the foreclosure action and have a receiver appointed who must reach a repair agreement with the housing and development administration, or alternatively such mortgagee or lienor may take formally take possession and enter into such an agreement. This will ensure that the building will be effectively managed and repaired.
Legislative history
2012 - S. 696 Referred to Judiciary 2010 - S.8100A Ordered to Third Reading Cal.1893 2010 - A.6161 Referred to Judiciary 2008- A.6419 Referred to Judiciary 2006- S.3554 Referred to Judiciary/A.5768 Referred to Judiciary 2004- S.542 Referred to Judiciary A.6640 Referred to Judiciary 2002- S.7002 Referred to Judiciary/A.7748 Referred to Judiciary 2000- A.7458 Calendar 1998- A.7764 Calendar
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the 120th day after it shall have become a law and shall apply to proceedings commenced on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.