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A1423Assembly2017-2018 SessionSame asS6172

Fix Abandoned Apartment Buildings

Official title

“Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance”

Sponsor Helene WeinsteinAD-41+6 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
4/10
Low
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 3

What's happening

This bill amends procedures for mortgagees or lienors to bring abandoned multiple dwellings into compliance, specifying timelines and enforcement actions.

Why it matters

  1. Establishes clear, enforceable timelines for mortgagees and lienholders. to either begin foreclosure and appoint a receiver, or take possession and bring abandoned multiple dwellings into legal compliance—generally within 90 days—creating accountability for property upkeep.

  2. Empowers local departments to intervene more quickly. if mortgagees or receivers fail to act or meet compliance deadlines, reducing the potential for prolonged neglect and related neighborhood blight.

  3. Shifts responsibility from vague agreements to concrete actions. by requiring either court-approved receivership or actual possession with specific compliance deadlines, ensuring that abandoned buildings are addressed systematically rather than left in limbo.

  4. Provides flexibility for extenuating circumstances. through the option for longer compliance periods if agreed upon by the department, balancing urgency with practical realities in complex cases.

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Who cares

Headline styles

Fix Abandoned Apartment Buildings

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Helene Weinstein

Assembly Member · Assembly District 41

History

  1. Ordered to third reading cal.108
  2. Advanced to third reading cal.380
  3. Reported
  4. Reported referred to codes
  5. 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.

S6172Senate

Fix Abandoned Apartment Buildings

In Senate Committee · Judiciary · Sponsor Jesse Hamilton

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1423

2017-2018 Regular Sessions

IN ASSEMBLY

January 12, 2017

Introduced by M. of A. WEINSTEIN, JAFFEE, ABINANTI, TITONE, M. G. MILL- ER, HYNDMAN, COLTON -- Multi-Sponsored by -- M. of A. CAHILL, GLICK, GOTTFRIED, MAGNARELLI, NOLAN -- read once and referred to the Committee on Judiciary

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 3 of section 1972 of the real property actions and proceedings law, as added by chapter 864 of the laws of 1973, is amended to read as follows:

3. Within five days of the service of notice on the owner, a copy of the certification shall be served on each mortgagee, lienor and lessee of record, personally or by registered mail to the address set forth in the recorded instrument or, if no address appears therein, to the person at whose request the instrument was recorded. Such copy shall, in the case of a mortgagee or lienor, be accompanied by a notice that proceedings pursuant to this article may be instituted unless the mortgagee or lienor, within fifteen days of such mailing, either (a) commences proceedings to foreclose the mortgage or lien and moves for the appointment of a receiver which brings the building into compliance with the applicable provisions of law within ninety days from the date of appointment or such longer period as may be established by agreement with the department or [enters into an agreement with the department to bring the building] (b) takes possession of the premises as provided in the mortgage and brings the building into compliance with the applicable provisions of law within ninety days from the date of taking possession or such longer period as may be established by agreement with the department. The department may, notwithstanding anything to the contrary in this subdivision, institute proceedings pursuant to this article

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02826-01-7

A. 1423 2

if: (i) the application for appointment of a receiver is denied, (ii) the receiver fails to bring the building into compliance with the applicable provisions of law within ninety days from the date of appointment or such longer period as may be established by agreement with the department; or (iii) the mortgagee or lienor in possession fails to bring the building into compliance with the applicable provisions of law within ninety days from the date of taking possession or such longer period as may be established by agreement with the department.

§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to proceedings commenced on or after such date.

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.