What's happening
This bill requires mortgage servicers to pay homeowners' association or cooperative fees to maintain vacant or abandoned residential properties.
Why it matters
Shifts financial responsibility to mortgage servicers. By requiring mortgage servicers to pay homeowners' association (HOA) or co-op fees, the bill makes lenders financially accountable for the upkeep of vacant or abandoned properties, rather than leaving the burden on HOAs, co-ops, or neighboring residents.
Protects neighborhood property values and quality of life. Ensuring that fees are paid helps prevent deterioration of shared spaces and services, mitigating issues like unkempt lawns, security lapses, or loss of amenities that can negatively affect nearby homeowners.
Reduces risk of legal disputes and unpaid dues. HOAs and cooperatives often struggle to collect fees from absentee owners; this law streamlines payment collection and may reduce costly legal battles over unpaid assessments, benefitting these organizations and their members.
Creates a precedent for mortgage servicer obligations. By expanding servicers’ duties beyond basic property maintenance to include financial contributions, the bill could influence broader policy discussions on lender responsibility and community stability during foreclosure and vacancy.
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Who cares
Headline styles
Maintain Abandoned Homes
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
2 Multi-sponsors
History
- Substituted by S4182
- Advanced to third reading cal.69
- Reported
- 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.
Secure Empty Homes
Signed by Governor · Sponsor Julia Salazar
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1800
2019-2020 Regular Sessions
IN ASSEMBLY
January 17, 2019
Introduced by M. of A. MAGNARELLI, D'URSO, PEOPLES-STOKES, STECK, COOK, GALEF, ZEBROWSKI -- Multi-Sponsored by -- M. of A. SCHIMMINGER, SIMON -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to inspecting, securing and maintaining vacant and abandoned residential property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 1308 of the real property actions and proceedings law, as added by section 1 of part Q of chapter 73 of the laws of 2016, is amended to read as follows:
4. If the posted notice is not responded to or persists for seven consecutive calendar days without contact with the borrower, property owner or occupant indicating that the property is not vacant or abandoned, or if an emergent property condition that could reasonably damage, destroy or harm the property arises, the servicer shall:
(a) in cases where the property contains two or more points of ingress or egress, replace no more than one door lock to provide subsequent access to the property;
(b) secure, replace or board up broken doors and windows;
(c) secure any part of the property that may be deemed an attractive nuisance including, but not limited to, a water feature that could create a drowning risk, refrigerator or freezer units, outbuildings, wells or septic tanks;
(d) take reasonable measures to ensure that pipes, ducts, conductors, fans and blowers do not discharge harmful gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate waste directly upon abutting or adjacent public or private property or that of another tenant;
(e) where appropriate, winterize the applicable plumbing and heating systems;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00195-01-9
A. 1800 2
(f) provide basic utilities including, but not limited to, water, electricity, natural gas, propane and sewer service, as appropriate and when allowed by the local utility provider, that are needed for the operation of a sump pump or dehumidifier, or when there are jointly owned or shared utilities with adjoining properties or units, except for turning off water service to prevent flooding or water leaks in the property, or when other utility service could reasonably create a hazard to the property or an unauthorized occupant or person entering the property;
(g) remove and remediate any significant health and safety issues, including outstanding code violations;
(h) take reasonable measures to prevent the growth of harmful mold;
(i) respond to government inquiries regarding property condition, subject to restrictions regarding financial privacy; [and]
(j) ensure that the notice required to be posted in subdivision three of this section remains posted on an easily accessible part of the property that would be reasonably visible to the borrower, property owner or occupant so long as the duty to maintain applies; and
(k) pay homeowners' association or cooperative fees as needed to maintain the property.
§ 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.