What's happening
This bill expands the criteria for declaring a property abandoned by including failure to address code violations for over a year.
Why it matters
Strengthens local enforcement power. by allowing properties to be declared abandoned if owners ignore official orders to fix serious code violations (e.g., building, sanitation, or safety codes) for over a year, even if other conditions for abandonment are not met.
Targets persistent property neglect. not just lack of basic services like repairs or utilities, but also ongoing failure to address legal violations—helping to prevent long-term blight and public safety risks in neighborhoods.
Creates more clear standards for intervention. so authorities can act sooner to address problem properties, potentially leading to earlier repair, seizure, or transfer processes, which may help stabilize property values and community health.
Holds absentee or negligent owners accountable. by expanding the definition of abandonment, closing loopholes that previously allowed them to skirt responsibilities if they simply ignored violations without vacating the property or ceasing basic services.
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Who cares
Headline styles
Clarify Property Abandonment Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11000
IN ASSEMBLY
May 29, 2018
Introduced by M. of A. MORELLE, BRONSON -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to what constitutes abandonment of property for purposes of article 19-A of such law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 1971 of the real property actions and proceedings law, as amended by chapter 529 of the laws of 2008, is amended to read as follows:
1. The department may make a finding that a dwelling is abandoned if:
(a) (1) In the case of an occupied dwelling, the owner 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 dwelling has become a danger to life, health or safety as a result of the owner's failure to assume [his] 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[,]:
(i) the failure to make repairs[,];
(ii) supply janitorial service[,];
(iii) purchase fuel or other needed supplies[, or];
(iv) pay utility bills; or
(v) the owner's failure to satisfy a notice by the department or other government agency to remedy a violation of a local zoning ordinance, local zoning law, building code, sanitation code, housing code, property maintenance code, or any other provision of law relating to life, health, or safety for more than one year.
(2) The appointment of an administrator pursuant to article seven-A of this chapter shall not prevent the department from making a finding that a dwelling is abandoned; or
(b) In the case of a vacant dwelling[, it]:
(1) The department finds that the dwelling has become a danger to life, health or safety as a result of the owner's failure to assume responsibility for its condition. Such failure may be shown by such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15019-02-8
A. 11000 2
facts as an owner's failure to provide services including, but not limited to:
(i) making repairs;
(ii) supply janitorial service;
(iii) purchase fuel or other needed supplies;
(iv) pay utility bills; or
(v) satisfying a notice by the department or other government agency to remedy a violation of a local zoning ordinance, local zoning law, building code, sanitation code, housing code, property maintenance code, or any other provision of law relating to life, health, or safety for more than one year; or
(2) Such dwelling 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 dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of at least one year; or
(c) In the case of a building for which an administrator has been appointed pursuant to article seven-A of this chapter[.]:
[(i)] (1) no motion for the termination of the judgment entered pursuant to article seven-A of this chapter has been granted by the appointing court;
[(ii)] (2) no mortgagee or lienor has commenced foreclosure proceedings; and
[(iii)] (3) at least six months have passed since the granting of a judgment appointing an administrator pursuant to article seven-A of this chapter.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.