Bill Text: NY A08641 | 2019-2020 | 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 - Dead) 2020-01-08 - referred to judiciary [A08641 Detail]

Download: New_York-2019-A08641-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8641

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                     October 2, 2019
                                       ___________

        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 added by section 1 of part Q of  chapter  73  of
     3  the laws of 2016, is amended to read as follows:
     4    4.  (a) If the posted notice is not responded to or persists for seven
     5  consecutive calendar days without contact with  the  borrower,  property
     6  owner  or  occupant  indicating that the property is not vacant or aban-
     7  doned, or if  an  emergent  property  condition  that  could  reasonably
     8  damage, destroy or harm the property arises, the servicer shall:
     9    [(a)]  i.  in  cases where the property contains two or more points of
    10  ingress or egress, replace no more than one door lock to provide  subse-
    11  quent access to the property;
    12    [(b)] ii. secure, replace or board up broken doors and windows;
    13    [(c)]  iii.  secure  any  part  of  the property that may be deemed an
    14  attractive nuisance including, but not limited to, a water feature  that
    15  could   create   a   drowning   risk,  refrigerator  or  freezer  units,
    16  outbuildings, wells or septic tanks;
    17    [(d)] iv. take  reasonable  measures  to  ensure  that  pipes,  ducts,
    18  conductors,  fans  and  blowers  do  not discharge harmful gases, steam,
    19  vapor, hot air, grease, smoke, odors or  other  gaseous  or  particulate
    20  waste  directly  upon abutting or adjacent public or private property or
    21  that of another tenant;
    22    [(e)] v. where appropriate,  winterize  the  applicable  plumbing  and
    23  heating systems;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05988-03-9
        A. 8641                             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; and
    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.
    20    (b)  No person, municipality or governmental entity shall use plywood,
    21  wood composite, wood veneer, or similar wood-based  products  to  secure
    22  any  real  property  that  is  deemed  vacant and abandoned based on the
    23  criteria set forth in subdivision two of this section.
    24    § 2. Paragraph (a) of subdivision 8 of section 1308 of the real  prop-
    25  erty  actions  and  proceedings  law, as added by section 1 of part Q of
    26  chapter 73 of the laws of 2016, is amended to read as follows:
    27    (a) [Violations] Except for violations of paragraph (b) of subdivision
    28  four of this section, violations of this section may be heard  before  a
    29  hearing officer or a court of competent jurisdiction. If it shall appear
    30  to  the  satisfaction  of the hearing officer or the court, based on the
    31  preponderance of the evidence, that the mortgagee or agent of a  mortga-
    32  gee  has  violated  this  section,  a civil penalty may be issued by the
    33  hearing officer or the court in the amount of up to five hundred dollars
    34  per day per property for each day the violation persisted.
    35    § 3. This act shall take effect on the ninetieth day  after  it  shall
    36  have become a law.