What's happening
This bill restricts public disclosure of foreclosure notice information submitted by mortgagees, limiting its use to monitoring and counseling purposes.
Why it matters
Limits public access to foreclosure data. By exempting foreclosure notice information from public records laws, this bill means individuals, journalists, and organizations cannot freely access or publish details about pending residential foreclosures, which could impact transparency and public scrutiny.
Narrows use of sensitive information. The Department of Housing Preservation and Development (HPD) can only use foreclosure notice data for tracking foreclosure trends, analyzing affected properties, and targeting foreclosure prevention and counseling services. This could help protect homeowner privacy but also restricts broader external research or advocacy.
Channels support to at-risk homeowners. By allowing HPD to share foreclosure information only with designated housing counseling agencies and other city agencies, the bill aims to direct specialized assistance to those facing foreclosure, potentially improving intervention efforts but limiting broader community or nonprofit outreach.
May affect market and neighborhood monitoring. Restricted disclosure could make it harder for neighborhood groups, real estate professionals, or researchers to monitor patterns of distress or speculation in the housing market, possibly impacting community planning or anti-displacement efforts.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Foreclosure Notice Disclosure
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to housing
- Referred to housing
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.
Limit Foreclosure Data Release
In Senate Committee · Housing, Construction And Community Development · Sponsor Andrew Gounardes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5466
2019-2020 Regular Sessions
IN ASSEMBLY
February 12, 2019
Introduced by M. of A. JOYNER, WEPRIN -- read once and referred to the Committee on Housing
AN ACT to amend the administrative code of the city of New York, in relation to the disclosure of information provided in the notice to the department of housing preservation and development by a mortgagee commencing an action to recover residential real property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (a) of section 27-2109.1 of the administrative code of the city of New York, as added by local law number 4 of the city of New York for the year 2012, is amended and a new subdivision d is added to read as follows:
[(a)] a. 1. Any mortgagee that commences an action in a court of competent jurisdiction in the state of New York to foreclose a mortgage on residential real property within the city of New York shall provide notice to the department, in a form prescribed by the department, within fifteen days of service of the pleadings commencing such action. If such action was commenced before the effective date of the local law that added this section, and remains pending as of such effective date, notification shall be provided within thirty days of such effective date, provided, however, that no notice shall be required for actions commenced prior to February 13, 2010, regardless of whether such action remains pending as of such effective date. Such notice shall include, but need not be limited to, the following information: (i) the name of the mortgagee plaintiff commencing such action and the mailing address, telephone number and e-mail address of such mortgagee plaintiff, and, when applicable, the name of a principal or corporate officer of such mortgagee plaintiff, and the mailing address, telephone number and e-mail address of such principal or corporate officer; (ii) the name of the defendant in such action; (iii) the identification of such residential real property by street address and block and lot number, (iv) the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00500-01-9
A. 5466 2
date of the commencement of such action, (v) the court in which such action was commenced, and (vi) such other information as the department may require by rule. For the purposes of this section, "mortgagee" shall mean any person that commences an action to foreclose a mortgage on residential real property including, but not limited to, a lender, assignee or mortgage loan service provider that commences such an action.
2. A mortgagee shall notify the department within fifteen days of the discontinuance of an action for which notice pursuant to paragraph one of this subdivision has been received by the department, the issuance of a judgment in such action, or the sale of the real property as a result of such action.
3. The department shall maintain on its website a list of all properties with twenty or more units, identified by block and lot number along with the name, mailing address and telephone number of the mortgagee plaintiff and the name of the defendant for which notice pursuant to paragraph one of this subdivision has been received. Such list shall be updated at a minimum on the first business day of each month. The department shall report on its website each three months: (i) the total number of foreclosure actions commenced during the immediately preceding three months for which notice pursuant to paragraph one of this subdivision has been received by the department, disaggregated by community district; and (ii) the total number of foreclosure actions pending, for which notice pursuant to paragraphs one and two of this subdivision has been received by the department, disaggregated by community district. The department shall provide the information provided to it pursuant to paragraphs one and two of this subdivision to one or more agencies for which the department determines that such information furthers such agency or agencies' duties, including but not limited to the enforcement of section 28-210.1 of this code or related provisions, and to any other city agency upon request by such agency.
d. The information provided in the notice submitted by the mortgagee to the department pursuant to this section shall not be subject to disclosure pursuant to article six of the public officers law. All such information shall be used by the department exclusively for the purposes of monitoring the extent of residential mortgage foreclosures and the properties subject to such foreclosures, to perform analyses of the information submitted, and directing as appropriate available public and private foreclosure prevention and counseling services to owners of residential properties that are the subject of a mortgage foreclosure proceeding. The department may share information received in the notice or notices submitted by the mortgagee with housing counseling agencies designated by the division of housing and community renewal as well as with other city agencies pursuant to paragraph three of subdivision a of this section.
§ 2. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after June 15, 2012.
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.