Bill Text: NY A00802 | 2023-2024 | General Assembly | Introduced
Bill Title: Prohibits disclosure, under the freedom of information law, of information provided by mortgagees to the department of housing preservation and development of the city of New York relating to residential real property foreclosures.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-10 - enacting clause stricken [A00802 Detail]
Download: New_York-2023-A00802-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 802 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. JOYNER -- 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 Assem- bly, do enact as follows: 1 Section 1. Subdivision (a) of section 27-2109.1 of the administrative 2 code of the city of New York, as added by local law number 4 of the city 3 of New York for the year 2012, is amended and a new subdivision d is 4 added to read as follows: 5 [(a)] a. 1. Any mortgagee that commences an action in a court of 6 competent jurisdiction in the state of New York to foreclose a mortgage 7 on residential real property within the city of New York shall provide 8 notice to the department, in a form prescribed by the department, within 9 fifteen days of service of the pleadings commencing such action. If such 10 action was commenced before the effective date of the local law that 11 added this section, and remains pending as of such effective date, 12 notification shall be provided within thirty days of such effective 13 date, provided, however, that no notice shall be required for actions 14 commenced prior to February 13, 2010, regardless of whether such action 15 remains pending as of such effective date. Such notice shall include, 16 but need not be limited to, the following information: (i) the name of 17 the mortgagee plaintiff commencing such action and the mailing address, 18 telephone number and e-mail address of such mortgagee plaintiff, and, 19 when applicable, the name of a principal or corporate officer of such 20 mortgagee plaintiff, and the mailing address, telephone number and 21 e-mail address of such principal or corporate officer; (ii) the name of 22 the defendant in such action; (iii) the identification of such residen- 23 tial 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. LBD00732-01-3A. 802 2 1 date of the commencement of such action, (v) the court in which such 2 action was commenced, and (vi) such other information as the department 3 may require by rule. For the purposes of this section, "mortgagee" shall 4 mean any person that commences an action to foreclose a mortgage on 5 residential real property including, but not limited to, a lender, 6 assignee or mortgage loan service provider that commences such an 7 action. 8 2. A mortgagee shall notify the department within fifteen days of the 9 discontinuance of an action for which notice pursuant to paragraph one 10 of this subdivision has been received by the department, the issuance of 11 a judgment in such action, or the sale of the real property as a result 12 of such action. 13 3. The department shall maintain on its website a list of all proper- 14 ties with twenty or more units, identified by block and lot number along 15 with the name, mailing address and telephone number of the mortgagee 16 plaintiff and the name of the defendant for which notice pursuant to 17 paragraph one of this subdivision has been received. Such list shall be 18 updated at a minimum on the first business day of each month. The 19 department shall report on its website each three months: (i) the total 20 number of foreclosure actions commenced during the immediately preceding 21 three months for which notice pursuant to paragraph one of this subdivi- 22 sion has been received by the department, disaggregated by community 23 district; and (ii) the total number of foreclosure actions pending, for 24 which notice pursuant to paragraphs one and two of this subdivision has 25 been received by the department, disaggregated by community district. 26 The department shall provide the information provided to it pursuant to 27 paragraphs one and two of this subdivision to one or more agencies for 28 which the department determines that such information furthers such 29 agency or agencies' duties, including but not limited to the enforcement 30 of section 28-210.1 of this code or related provisions, and to any other 31 city agency upon request by such agency. 32 d. The information provided in the notice submitted by the mortgagee 33 to the department pursuant to this section shall not be subject to 34 disclosure pursuant to article six of the public officers law. All such 35 information shall be used by the department exclusively for the purposes 36 of monitoring the extent of residential mortgage foreclosures and the 37 properties subject to such foreclosures, to perform analyses of the 38 information submitted, and directing as appropriate available public and 39 private foreclosure prevention and counseling services to owners of 40 residential properties that are the subject of a mortgage foreclosure 41 proceeding. The department may share information received in the notice 42 or notices submitted by the mortgagee with housing counseling agencies 43 designated by the division of housing and community renewal as well as 44 with other city agencies pursuant to paragraph three of subdivision a of 45 this section. 46 § 2. This act shall take effect immediately, and shall be deemed to 47 have been in full force and effect on and after June 15, 2012.
