Relates to abandoned dwellings in N.Y. city

Summary of provisions

Section 1: Article heading of 19-A of the Real Property Actions and Proceedings law is amended to reflect special proceedings for abandoned dwellings.

Section 2: Defines applicability of proposed law and the authority of a departmental or city agency, town or village to institute a proceeding for a vested judgment upon an abandoned dwelling after inaction by owner.

Section 3: Subdivision 2, section 1971, of the Real Property Actions and Proceedings law is amended to incorporate mailing of certified dwelling records language to last known owner of abandoned residence for purposes of informing.

Section 4: Subdivisions 1 and 2 of section 1972 of the Real Property Actions and Proceedings law is amended to read that an owner has up to thirty-days to board and seal the abandon dwelling, otherwise the city, town or village has the authority to place a lien on the dwelling and have an additional sixty days to board and seal such dwelling.

Section 5: The inapplicability of section 1973 of the Real Property Actions and Proceedings law to cities with population of one million or more persons.

Section 6: The inapplicability of section 1974 of the Real Property Actions and Proceedings law to cities with populations of one million or more persons.

Section 7: A new section, 1975, proposed to the Real Property Actions and Proceedings law that specifies special proceeding for abandoned dwellings in any city with a population of one million or more persons. An owner shall have up to thirty days to seal a dwelling, otherwise a city, town or village can institute a proceeding for a vested judgment. The city, town or village will have up to an additional sixty days to seal such dwelling.

Section 8: The effective date of the bill.

Existing law

A city, town or village may find a dwelling abandoned either if it is not sealed, or is guarded by a person other than the owner, a mortgagee, lienor or agent thereof and a vacate order of the department or other governmental agency currently prohibits occupancy of the dwelling, or the tax on such premises is past due and unpaid for a one year period or more.

Justification

Recently in Woodhaven, Queens, residents have endured a spike in criminal activity due to abandoned homes overburdened by thieves and squatters. On March 12, 2011, a birthday party had taken place inside an abandoned Woodhaven home sans electricity. Sadly, a teen was beaten to death following an onslaught by five suspects who had forced their way in to the party and belittled the victim with anti-gay remarks.

Events like this lead residents to become and remain fearful of inhabit- ing their neighborhood. Much of the criminal activity could be dissuaded if the owner of an abandoned dwelling properly boards and seals his/her dwelling. If an owner is unable to, is negligent to, or has no intention to seal such dwelling, it should then become the responsibility of the city, town or village to seal such dwelling and place a lien on the residence. The city, town or village will make a profit while upholding the surroundings of the community and reducing crime activity. Passing this proposed measure will also alleviate extra police manpower to over- seeing and protecting the residents of this neighborhood - and others -that may be currently experiencing depressed conditions.

Although this may be a recent problem, the advocacy group ACORN had determined increased crime activity connected to foreclosed homes for the neighborhoods Jackson Heights, Kew Gardens, Woodhaven, Jamaica, Hollis, Rockaway and Broad Channel between the period 2006-2008. Further, these neighborhoods had an average of 420 more incidents than other foreclosed areas within Queens in 2008. Between January 2008 to January 2009, foreclosure Queens auctions rose 62%.

Not only is threat of crime a real problem; the loss of property values and beautifying neighborhoods is in danger. By owner responsibility, or city, village or town intervention will crime activity be minimized and neighborhoods be safe.

Legislative history

S. 4237 - Referred to Judiciary.

Fiscal implications

None.

Effective date

This act will take effect 120 days after becoming a law, with provisions.