Relates to special proceedings to convey title to abandoned real property to cities, towns or villages

2 Co-sponsors

• John J. Bonacic
• George Latimer

BILL NUMBER:S294A

Title of bill

An act to amend the real property actions and proceedings law, in relation to special proceedings to convey title to abandoned real property to cities, towns or villages

Purpose

Expand the types of abandoned properties that can be dealt with using article 19-A of the Real Property Actions and Proceedings Law, thereby assisting local governments to address those properties that are abandoned and that blight the communities in which they are located.

Summary of provisions

Article 19-A is amended to include all real property, not just dwellings, in the category of property that can be declared abandoned.

Section 1971 of the Real Property Actions and Proceedings Law is amended to expand the definition of abandoned property to include property that has had a zoning, housing, building, or property maintenance code violation which 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 308 of the Civil Practice Law and Rules, if the owner is a natural person, or pursuant to sections 310, 310-a, 311, or 311-a if the owner is a partnership, limited partnership, corporation, or limited liability company respectively.

Adds a new section 1972-a of the real property actions and proceedings law for alternative notice provisions.

Justification

Municipalities across New York have been struggling to deal with abandoned properties for decades. Property owners have been walking away from their properties since the beginning of the decline of New York's manufacturing industry in the 1970s. As a result, nuisance properties now litter upstate New York presenting particularly tough challenges for local governments, because responsible property owners frequently cannot be located to address and remediate nuisance conditions.

Furthermore, these properties are generally worth less than outstanding liabilities and maintenance requirements and as a result the local government and its taxpayers assumes the responsibility on maintaining and remediating nuisance conditions thereon.

In addition to these negative impacts on the local municipalities, abandoned properties frequently languish in a legal limbo of non-ownership that prevents the property from being redeveloped, placing further strain on limited local government resources, while blighting the community and depressing the values of surrounding properties. This legislation will greatly facilitate the process of clearing title to abandoned property, which will foster economic development.

Legislative history

S.900 (2014); S.7236 (2012)

Effective date

This act shall take effect immediately.