Bill Text: NY A08118 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a person, municipality or governmental entity from using plywood, wood composite, wood veneer, or similar wood-based products to secure any real property that is deemed vacant and abandoned.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A08118 Detail]

Download: New_York-2023-A08118-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8118

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 13, 2023
                                       ___________

        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  prohibiting  the  use  of  plywood, wood composite, wood
          veneer or similar wood-based products to secure real property

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

     1    Section  1. Subdivision 4 of section 1308 of the real property actions
     2  and proceedings law, as amended by chapter 168  of  the  laws  of  2019,
     3  paragraph  (k) as amended by chapter 509 of the laws of 2022, is amended
     4  to read as follows:
     5    4. (a) If the posted notice is not responded to or persists for  seven
     6  consecutive  calendar  days  without contact with the borrower, property
     7  owner or occupant indicating that the property is not  vacant  or  aban-
     8  doned,  or  if  an  emergent  property  condition  that could reasonably
     9  damage, destroy or harm the property arises, the servicer shall:
    10    [(a)] i. in cases where the property contains two or  more  points  of
    11  ingress  or egress, replace no more than one door lock to provide subse-
    12  quent access to the property;
    13    [(b)] ii. secure, replace or board up broken doors and windows;
    14    [(c)] iii. secure any part of the  property  that  may  be  deemed  an
    15  attractive  nuisance including, but not limited to, a water feature that
    16  could  create  a  drowning  risk,   refrigerator   or   freezer   units,
    17  outbuildings, wells or septic tanks;
    18    [(d)]  iv.  take  reasonable  measures  to  ensure  that pipes, ducts,
    19  conductors, fans and blowers do  not  discharge  harmful  gases,  steam,
    20  vapor,  hot  air,  grease,  smoke, odors or other gaseous or particulate
    21  waste directly upon abutting or adjacent public or private  property  or
    22  that of another tenant;
    23    [(e)]  v.  where  appropriate,  winterize  the applicable plumbing and
    24  heating systems;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04733-01-3
        A. 8118                             2

     1    [(f)] vi. provide basic  utilities  including,  but  not  limited  to,
     2  water, electricity, natural gas, propane and sewer service, as appropri-
     3  ate  and when allowed by the local utility provider, that are needed for
     4  the operation of a sump pump or dehumidifier, or when there are  jointly
     5  owned or shared utilities with adjoining properties or units, except for
     6  turning  off  water  service  to  prevent flooding or water leaks in the
     7  property, or when other utility service could reasonably create a hazard
     8  to the property or an unauthorized occupant or person entering the prop-
     9  erty;
    10    [(g)] vii. remove and remediate  any  significant  health  and  safety
    11  issues, including outstanding code violations;
    12    [(h)]  viii. take reasonable measures to prevent the growth of harmful
    13  mold;
    14    [(i)] ix. respond to government inquiries  regarding  property  condi-
    15  tion, subject to restrictions regarding financial privacy;
    16    [(j)]  x.  ensure that the notice required to be posted in subdivision
    17  three of this section remains posted on an easily accessible part of the
    18  property that would be reasonably  visible  to  the  borrower,  property
    19  owner or occupant so long as the duty to maintain applies; and
    20    [(k)]  xi.  pay homeowners' association, condominium common charges as
    21  defined in section three hundred thirty-nine-e of the real property  law
    22  or cooperative fees as needed to maintain the property.
    23    (b)  No person, municipality or governmental entity shall use plywood,
    24  wood composite, wood veneer, or similar wood-based  products  to  secure
    25  any  real  property  that  is  deemed  vacant and abandoned based on the
    26  criteria set forth in subdivision two of this section.
    27    § 2. Paragraph (a) of subdivision 8 of section 1308 of the real  prop-
    28  erty  actions  and  proceedings  law, as added by section 1 of part Q of
    29  chapter 73 of the laws of 2016, is amended to read as follows:
    30    (a) [Violations] Except for violations of paragraph (b) of subdivision
    31  four of this section, violations of this section may be heard  before  a
    32  hearing officer or a court of competent jurisdiction. If it shall appear
    33  to  the  satisfaction  of the hearing officer or the court, based on the
    34  preponderance of the evidence, that the mortgagee or agent of a  mortga-
    35  gee  has  violated  this  section,  a civil penalty may be issued by the
    36  hearing officer or the court in the amount of up to five hundred dollars
    37  per day per property for each day the violation persisted.
    38    § 3. This act shall take effect on the ninetieth day  after  it  shall
    39  have become a law.