Bill Text: NY A04026 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information; provides for the sharing of information between municipalities; provides for enforcement for failure to report on abandoned and vacant properties.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced) 2024-01-03 - referred to judiciary [A04026 Detail]
Download: New_York-2023-A04026-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4026--A 2023-2024 Regular Sessions IN ASSEMBLY February 9, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, SHIMSKY, MAHER -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the real property actions and proceedings law, in relation to penalties for failure to comply with maintenance and reporting of vacant and abandoned properties, and reporting and release of information The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 8 of section 1308 of the real 2 property actions and proceedings law, as added by section 1 of part Q of 3 chapter 73 of the laws of 2016, is amended to read as follows: 4 (a) Violations of this section may be heard before a hearing officer 5 or a court of competent jurisdiction. If it shall appear to the satis- 6 faction of the hearing officer or the court, based on the preponderance 7 of the evidence, that the mortgagee or agent of a mortgagee has violated 8 this section, a civil penalty may be issued by the hearing officer or 9 the court in the amount of up to [five] six hundred fifty dollars per 10 day per property for each day the violation persisted. 11 § 2. Subdivision 1 of section 1310 of the real property actions and 12 proceedings law, as added by section 4 of part Q of chapter 73 of the 13 laws of 2016, is amended to read as follows: 14 1. The department of financial services shall maintain a statewide 15 vacant and abandoned property registry in the form of an electronic 16 database. The department of financial services may, in accordance with 17 the applicable provisions of the state finance law, retain a private 18 contractor to administer such database for the purposes of satisfying 19 this requirement. The information provided to the department of finan- 20 cial services pursuant to this section shall be deemed and treated 21 confidential, provided however, the superintendent of financial EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05004-05-3A. 4026--A 2 1 services, in her or his sole discretion, may release the information if 2 it is in the best interest of the public. Any such released information 3 shall continue to be treated confidentially by the parties. The depart- 4 ment of financial services shall, upon written request, provide public 5 officials of any state district, county, city, town or village with 6 access to information specific to such public official's district, coun- 7 ty, city, town or village maintained on such database to further the 8 purposes of this section, section thirteen hundred seven of this article 9 or article nineteen-A of this chapter, or any other related law, code, 10 rule, regulation or ordinance, and such state district, county, city, 11 town or village that receives such information from the department of 12 financial services may share such information with another state 13 district, county, city, town, village or municipal landbank for the 14 purpose of coordinating and cooperating to further the purposes of this 15 section, section thirteen hundred seven of this article or article nine- 16 teen-A of this chapter or any other related law, code, rule, regulation 17 or ordinance. 18 § 3. Subdivision 2 of section 1310 of the real property actions and 19 proceedings law, as added by section 4 of part Q of chapter 73 of the 20 laws of 2016, is amended to read as follows: 21 2. A lender, assignee or mortgage loan servicer shall submit or cause 22 to be submitted to the department of financial services information 23 required by the superintendent of financial services about any vacant 24 and abandoned residential real property, as that term is defined in 25 subdivision two of section thirteen hundred nine of this article, or as 26 the superintendent of financial services may otherwise define that term, 27 within twenty-one business days of when the lender, assignee or mortgage 28 loan servicer learns, or should have learned, that such property is 29 vacant and abandoned. Such information shall, at a minimum, include: (a) 30 the current name, title, mailing address, address for service of proc- 31 ess, and contact information, including direct phone number and email 32 address for [the] each lender, assignee [or] and mortgage loan servicer 33 responsible for maintaining the vacant property, and for each lender, 34 assignee and mortgage loan servicer that is authorized or required to 35 provide funds for the maintenance of such property; (b) whether a fore- 36 closure action has been filed for the property in question, and, if so, 37 the date on which the foreclosure action was commenced; and (c) the last 38 known address and contact information for [the mortgagor(s)] any mortga- 39 gor of record. 40 § 4. Section 1310 of the real property actions and proceedings law is 41 amended by adding a new subdivision 6 to read as follows: 42 6. (a) This section may be enforced in the same manner as provided in 43 paragraphs (b), (c) and (d) of subdivision eight of section thirteen 44 hundred eight of this article. 45 (b) A violation of this section may be heard before a hearing officer 46 or a court of competent jurisdiction. If it shall appear to the satis- 47 faction of the hearing officer or the court, based on the preponderance 48 of the evidence, that the lender, assignee or mortgage loan servicer has 49 violated this section by failing to submit or to cause to be submitted 50 to the department of financial services any information required by the 51 superintendent of financial services about any vacant and abandoned 52 property pursuant to this section, or failing to make an amended 53 submission when any such information has materially changed since the 54 latest submission, as required by subdivision three of this section, a 55 civil penalty may be issued by the hearing officer or the court in theA. 4026--A 3 1 amount of up to five thousand dollars per property for each such fail- 2 ure. 3 § 5. Section 1310 of the real property actions and proceedings law is 4 amended by adding a new subdivision 7 to read as follows: 5 7. The superintendent of financial services shall publish on or before 6 February fifteenth each year an annual report presenting data regarding 7 properties that appeared on the registry during the most recent year 8 ending December thirty-first. Such data shall, at a minimum, include, 9 for each county, city, and town, the total number of properties and the 10 total number of dwelling units in such properties: (a) included in the 11 registry at the beginning of the year, (b) added to the registry during 12 the year, (c) removed from the registry during the year, and (d) 13 included in the registry at the end of the year. For properties included 14 in the registry at the end of the year, the data shall indicate, for 15 each county, city, or town, how many properties and dwelling units in 16 such properties have been included in the registry for (i) six consec- 17 utive months or less, (ii) one year or less, (iii) two years or less, 18 (iv) three years or less, or (v) longer than three years. 19 § 6. This act shall take effect on the ninetieth day after it shall 20 have become a law.
