Bill Text: NY S00696 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the mortgagee or lienor of an abandoned multiple dwelling to apply for the appointment of a receiver to bring the building into compliance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S00696 Detail]

Download: New_York-2011-S00696-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          696
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the  real  property  actions  and  proceedings  law,  in
         relation to title to an abandoned multiple dwelling in a city, town or
         village
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 3 of section 1972 of the real property actions
    2  and proceedings law, as added by chapter 864 of the  laws  of  1973,  is
    3  amended to read as follows:
    4    3.  Within  five days of the service of notice on the owner, a copy of
    5  the certification shall be served on each mortgagee, lienor  and  lessee
    6  of  record, personally or by registered mail to the address set forth in
    7  the recorded instrument or, if no address appears therein, to the person
    8  at whose request the instrument was recorded.  Such copy shall,  in  the
    9  case  of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice that
   10  proceedings pursuant to this article may be instituted unless the  mort-
   11  gagee  or  lienor,  within  fifteen  days  of  such  mailing, either (A)
   12  commences proceedings to foreclose the mortgage or lien  AND  MOVES  FOR
   13  THE  APPOINTMENT OF A RECEIVER WHICH BRINGS THE BUILDING INTO COMPLIANCE
   14  WITH THE APPLICABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM  THE  DATE
   15  OF  APPOINTMENT OR SUCH LONGER PERIOD AS MAY BE ESTABLISHED BY AGREEMENT
   16  WITH THE DEPARTMENT or [enters into an agreement with the department  to
   17  bring  the building] (B) TAKES POSSESSION OF THE PREMISES AS PROVIDED IN
   18  THE MORTGAGE AND BRINGS THE BUILDING into compliance with the applicable
   19  provisions of law WITHIN NINETY DAYS FROM THE DATE OF TAKING  POSSESSION
   20  OR  SUCH  LONGER  PERIOD  AS  MAY  BE  ESTABLISHED BY AGREEMENT WITH THE
   21  DEPARTMENT.  THE DEPARTMENT MAY, NOTWITHSTANDING ANYTHING TO THE CONTRA-
   22  RY IN THIS SUBDIVISION, INSTITUTE PROCEEDINGS PURSUANT TO  THIS  ARTICLE
   23  IF:    (I) THE APPLICATION FOR APPOINTMENT OF A RECEIVER IS DENIED, (II)
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03082-01-1
       S. 696                              2
    1  THE RECEIVER FAILS TO BRING THE BUILDING INTO COMPLIANCE WITH THE APPLI-
    2  CABLE PROVISIONS OF LAW WITHIN NINETY DAYS FROM THE DATE OF  APPOINTMENT
    3  OR  SUCH  LONGER  PERIOD  AS  MAY  BE  ESTABLISHED BY AGREEMENT WITH THE
    4  DEPARTMENT;  OR  (III)  THE  MORTGAGEE  OR LIENOR IN POSSESSION FAILS TO
    5  BRING THE BUILDING INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF LAW
    6  WITHIN NINETY DAYS FROM THE DATE OF TAKING  POSSESSION  OR  SUCH  LONGER
    7  PERIOD AS MAY BE ESTABLISHED BY AGREEMENT WITH THE DEPARTMENT.
    8    S  2.    This  act  shall take effect on the one hundred twentieth day
    9  after it shall  have  become  a  law  and  shall  apply  to  proceedings
   10  commenced on or after such date.