Bill Text: NY A01800 | 2019-2020 | General Assembly | Introduced

Bill Title: Requires a servicer in a mortgage foreclosure action of residential real property to pay homeowners' association or cooperative fees as needed to maintain the property.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2019-01-17 - referred to judiciary [A01800 Detail]

Download: New_York-2019-A01800-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2019
        Introduced  by M. of A. MAGNARELLI, D'URSO, PEOPLES-STOKES, STECK, COOK,
          GALEF, ZEBROWSKI -- Multi-Sponsored by -- M. of A. SCHIMMINGER,  SIMON
          -- read once and referred to the Committee on Judiciary
        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to inspecting, securing and maintaining vacant and  abandoned
          residential 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. 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) in cases where the property contains two or more points of ingress
    10  or egress, replace no more than one  door  lock  to  provide  subsequent
    11  access to the property;
    12    (b) secure, replace or board up broken doors and windows;
    13    (c)  secure  any part of the property that may be deemed an attractive
    14  nuisance including, but not limited  to,  a  water  feature  that  could
    15  create  a  drowning  risk,  refrigerator or freezer units, outbuildings,
    16  wells or septic tanks;
    17    (d) take reasonable measures to ensure that pipes, ducts,  conductors,
    18  fans  and blowers do not discharge harmful gases, steam, vapor, hot air,
    19  grease, smoke, odors or other gaseous or particulate waste directly upon
    20  abutting or adjacent public or  private  property  or  that  of  another
    21  tenant;
    22    (e)  where  appropriate, winterize the applicable plumbing and heating
    23  systems;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 1800                             2
     1    (f) provide basic utilities including,  but  not  limited  to,  water,
     2  electricity,  natural gas, propane and sewer service, as appropriate and
     3  when allowed by the local utility provider,  that  are  needed  for  the
     4  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) remove and remediate any significant  health  and  safety  issues,
    11  including outstanding code violations;
    12    (h) take reasonable measures to prevent the growth of harmful mold;
    13    (i)  respond  to  government  inquiries  regarding property condition,
    14  subject to restrictions regarding financial privacy; [and]
    15    (j) ensure that the notice required to be posted in subdivision  three
    16  of this section remains posted on an easily accessible part of the prop-
    17  erty that would be reasonably visible to the borrower, property owner or
    18  occupant so long as the duty to maintain applies; and
    19    (k) pay homeowners' association or cooperative fees as needed to main-
    20  tain the property.
    21    § 2. This act shall take effect immediately.