Bill Text: NY A03736 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to special proceedings to convey title to abandoned real property to cities, towns or villages.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A03736 Detail]
Download: New_York-2019-A03736-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3736 2019-2020 Regular Sessions IN ASSEMBLY January 31, 2019 ___________ Introduced by M. of A. McDONALD, JONES, D'URSO, MAGNARELLI, SANTABAR- BARA, LUPARDO, LAWRENCE, MORINELLO -- Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, COOK, CROUCH, HAWLEY -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to special proceedings to convey title to abandoned real property to cities, towns or villages The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 19-A of the real property 2 actions and proceedings law, as amended by chapter 573 of the laws of 3 1982, is amended to read as follows: 4 SPECIAL PROCEEDING TO CONVEY TITLE TO 5 ABANDONED [DWELLING] REAL PROPERTY 6 TO CITY, TOWN OR VILLAGE 7 § 2. Section 1970 of the real property actions and proceedings law, as 8 amended by chapter 593 of the laws of 1983, is amended to read as 9 follows: 10 § 1970. Applicability. The department or agency of a city, town or 11 village, responsible for [the enforcement of the multiple dwelling law,12the multiple residence law, or any other law, code or ordinance govern-13ing the occupancy and maintenance of residential property] enforcing the 14 municipality's building code (hereinafter in this article referred to as 15 "the department") may institute a proceeding in accordance with the 16 provisions of this article for a judgment vesting in the city, town or 17 village title to [a dwelling] real property which has been abandoned by 18 the owner. This article shall not apply to a one-family or two-family 19 dwelling occupied by the owner thereof. 20 § 3. Subdivisions 1 and 2 of section 1971 of the real property actions 21 and proceedings law, subdivision 1 as amended by chapter 529 of the laws EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00498-01-9A. 3736 2 1 of 2008 and subdivision 2 as amended by chapter 496 of the laws of 1983, 2 are amended to read as follows: 3 1. The department may make a finding that [a dwelling] real property 4 is abandoned if: 5 (a) In the case of an occupied dwelling, the owner has failed for a 6 period of at least three consecutive months either to collect rent or to 7 institute summary proceedings for nonpayment of rent, and the department 8 finds that the dwelling has become a danger to life, health or safety as 9 a result of the owner's failure to assume his or her responsibility for 10 its condition. Such failure may be shown by such facts as an owner's 11 failure to provide services including, but not limited to, the failure 12 to make repairs, supply janitorial service, purchase fuel or other need- 13 ed supplies, or pay utility bills. The appointment of an administrator 14 pursuant to article seven-A of this chapter shall not prevent the 15 department from making a finding that a dwelling is abandoned; or 16 (b) In the case of [a] vacant [dwelling] real property, it is not 17 sealed or continuously guarded as required by law or it was sealed or is 18 continuously guarded by a person other than the owner, a mortgagee, 19 lienor or agent thereof, and either of the following facts exists: 20 (i) A vacate order of the department or other governmental agency 21 currently prohibits occupancy of the [dwelling] real property; or 22 (ii) The tax on such premises has been due and unpaid for a period of 23 at least one year; or 24 (iii) The property has had a zoning, housing, building or property 25 maintenance code violation which has been continuously outstanding and 26 not remediated for a period of at least one year from the date the 27 original order to correct or notice of violation was served upon the 28 property owner pursuant to subdivision four of section three hundred 29 eight of the civil practice law and rules if the owner is a natural 30 person, or pursuant to section three hundred ten, three hundred ten-a, 31 three hundred eleven or three hundred eleven-a of the civil practice law 32 and rules if the owner is a partnership, limited partnership, corpo- 33 ration or limited liability company, respectively, or 34 (c) In the case of a building for which an administrator has been 35 appointed pursuant to article seven-A of this chapter. 36 (i) no motion for the termination of the judgment entered pursuant to 37 article seven-A of this chapter has been granted by the appointing 38 court; 39 (ii) no mortgagee or lienor has commenced foreclosure proceedings; and 40 (iii) at least six months have passed since the granting of a judgment 41 appointing an administrator pursuant to article seven-A of this chapter. 42 2. When the department finds that [a dwelling] real property is aban- 43 doned within the meaning of this article, it shall make and file among 44 its records a certification containing such finding and the facts on 45 which it is based. Further, it shall immediately affix to the [dwelling] 46 real property in a prominent and conspicuous location, a notice that the 47 [building] property has been found to be [an] abandoned [building] and 48 that it is a crime to take, remove or otherwise damage any fixture or 49 part of the property or any building or structure located thereon. 50 § 4. Section 1971-a of the real property actions and proceedings law, 51 as added by chapter 496 of the laws of 1983, is amended to read as 52 follows: 53 § 1971-a. Destruction of abandoned [dwellings] real property. 54 "Destruction of [an] abandoned [dwelling] real property" occurs when a 55 person, having no right to do so or permission of the department or the 56 owner to take, remove or otherwise damage the fixtures or the structureA. 3736 3 1 of the building, nor any reasonable ground to believe that he or she has 2 such right or permission, intentionally removes or damages any fixture 3 or part of the structure of a building which has been certified as aban- 4 doned in accordance with the provisions of section nineteen hundred 5 seventy-one of this chapter. 6 § 5. Subdivision 2 of section 1972 of the real property actions and 7 proceedings law, as amended by chapter 573 of the laws of 1982, is 8 amended to read as follows: 9 2. The department shall serve upon the owner of the [dwelling] proper- 10 ty, a copy of the certification. Service shall be made personally or by 11 posting in a conspicuous place upon the [dwelling] property and mailing 12 a copy by registered or certified mail to the last known owner at such 13 owner's last known address. In the case of a dwelling subject to the 14 provisions of section three hundred twenty-five of the multiple dwelling 15 law, such mailing may be made to the last registered owner at his or her 16 last registered address. The copy of the certification shall be accompa- 17 nied by a notice stating that proceedings pursuant to this title may be 18 instituted unless the owner notifies the department that the property 19 has not been abandoned. Such notification shall be made by a showing 20 that the conditions upon which the findings in such certification are 21 based do not exist or have been corrected. Such showing shall be made 22 not later than thirty days after the date of such notice. 23 § 6. The real property actions and proceedings law is amended by 24 adding a new section 1972-a to read as follows: 25 § 1972-a. Alternative notice provisions. 1. In lieu of the notice 26 provisions of section nineteen hundred seventy-two of this article, a 27 city, town or village may elect to adopt the notice provisions of this 28 section. 29 2. (a) Upon the filing of a copy of the certification and notice of 30 intention to commence proceedings pursuant to this article in the office 31 of the county clerk, the department forthwith shall cause a notice of 32 intention to commence proceedings pursuant to this article to be 33 published in each of three non-consecutive weeks in a two month period 34 in at least two newspapers designated by the city, town or village. 35 (b) Each newspaper designated for this purpose shall have general 36 circulation in the city, town or village. An official newspaper of the 37 city, town or village shall be deemed to satisfy the requirements of 38 this provision. In New York and Bronx counties the newspapers to be 39 designated for the publication of such notice or any other public notice 40 required pursuant to this article shall be the daily law journal desig- 41 nated by the justices of the appellate division of the first judicial 42 department and another newspaper designated by such justices pursuant to 43 the provisions of subdivisions one and two of section ninety-one of the 44 judiciary law. 45 (c) Such notice shall be in substantially the following form: 46 "............... Court,............... County. 47 IN THE MATTER OF A PROCEEDING FOR A JUDGMENT VESTING TITLE TO REAL PROP- 48 ERTY WHICH HAS BEEN ABANDONED BY THE OWNER PURSUANT TO ARTICLE NINE- 49 TEEN-A OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW BY.......... 50 (insert name of city, town or village). 51 NOTICE OF PROCEEDING TO VEST TITLE TO ABANDONED REAL PROPERTY 52 PLEASE TAKE NOTICE that on the........ day of..............., 53 the............ (insert name of city, town or village), hereinafter, the 54 "Petitioner", pursuant to law, filed with the clerk of .......... county 55 a petition for a judgment vesting title to real property abandoned by 56 the owner against various parcels of real property. Such petitionA. 3736 4 1 pertains to the following parcels: (insert the description and the name 2 of the owner or owners of record of each parcel as of the date of the 3 filing of the certification). 4 Effect of filing: All persons having or claiming to have an interest 5 in the real property described in such petition are hereby notified that 6 the filing of such petition constitutes the commencement by the Peti- 7 tioner of a proceeding in the court specified in the caption above to 8 acquire title to such real property therein described by a proceeding 9 for a judgment against the owners who abandoned such real property. 10 Nature of proceeding: Such proceeding is brought against the real 11 property only. No personal judgment will be entered herein for such 12 abandonment. 13 Persons affected: This notice is directed to all persons owning or 14 having or claiming to have an interest in the real property described in 15 such petition. Such persons are hereby notified further that a duplicate 16 of such petition has been filed in the office of the Department of the 17 (insert name of city, town or village) and will remain open for public 18 inspection up to and including the date specified below unless the owner 19 notifies the Department that the property has not been abandoned. 20 The last day for notice by the owner that the property has not been 21 abandoned is hereby fixed as the .......... day of .......... (here 22 insert a date at least three months after the date of the first publica- 23 tion of this notice). 24 Service of answer: Every person having any right, title or interest in 25 or lien upon any parcel of real property described in such petition may 26 serve a duly verified answer upon the attorney for the Department 27 setting forth in detail the nature and amount of his or her interest and 28 any defense or objection to the proceeding. Such answer must be filed in 29 the office of the county clerk and served upon the attorney for the 30 Department on or before the date above mentioned as the last day for 31 notice to the Department that the property has not been abandoned. 32 Failure to answer: In the event of failure to answer by any person 33 having the right to do so, such person shall be forever barred and fore- 34 closed of all his or her right, title and interest in and to the parcel 35 described in such petition and a judgment divesting such person of any 36 right, title or interest in and to the parcel described in such petition 37 may be taken by default. 38 Department: 39 Attorney for Department:" 40 (d) The department shall on or before the date of the first publica- 41 tion of the notice set forth in paragraph (c) of this subdivision cause 42 a copy of such notice to be posted once in its office and shall cause a 43 copy of such notice to be posted in the county courthouse in the place 44 provided for the posting of public notices. 45 (e) Nothing contained in this section shall be construed to preclude 46 the department from providing for additional public notice of such 47 proceeding by other means, including broadcast on the local access chan- 48 nel of a cable television company having a franchise within the city, 49 town or village. 50 (f) If the substance of such notice has been incorporated into the 51 petition of foreclosure, the requirements of this section shall be 52 satisfied if the petition is published and posted in the manner 53 prescribed by this section. 54 3. (a) Parties entitled to notice. The department shall, on or before 55 the date of the first publication of the notice above set forth, cause a 56 notice to be mailed to (i) each owner and any other person whose right,A. 3736 5 1 title, or interest was a matter of public record as of the date the 2 certification was filed, which right, title or interest will be affected 3 by a judgment divesting the owner of title to the real property, and 4 whose name and address are reasonably ascertainable from the public 5 record, including the records in the offices of the surrogate of the 6 county, or from material submitted to the department pursuant to para- 7 graph (d) of this subdivision, and (ii) any other person who has filed a 8 declaration of interest which has not expired. 9 (b) Notification method. (i) Such notice shall be sent to each such 10 party both by certified mail and ordinary first class mail, subject to 11 the provisions of subparagraph (iv) of this paragraph. The notice shall 12 be deemed received unless both the certified mailing and the ordinary 13 first class mailing are returned by the United States postal service 14 within forty-five days after being mailed. In that event, the department 15 shall attempt to obtain an alternate mailing address from the United 16 States postal service. When notice is required to be sent to the commis- 17 sioner of taxation and finance, an alternate notice may be used by the 18 department, in accordance with instructions prescribed by the commis- 19 sioner of taxation and finance. 20 (ii) If an alternate mailing address is found, the department shall 21 cause the notice to be mailed to such owner at such address both by 22 certified mail and by ordinary first class mail. Notwithstanding any 23 provision of law to the contrary, such owner may notify the department 24 that the property has not been abandoned or serve a duly verified answer 25 to the petition until either the thirtieth day after such mailing, or 26 the date specified by the notice of the proceeding as the last day for 27 an answer, whichever is later. 28 (iii) If no alternate mailing address can be found, then in the case 29 of an owner, the department shall cause a copy of such notice to be 30 posted as provided herein on the property to which the petition relates; 31 in the case of a non-owner, the department shall cause a copy of such 32 notice to be posted in the department and in the office of the clerk of 33 the court in which the petition has been filed. Notwithstanding any 34 provision of law to the contrary, the party to whom such notice is 35 directed may notify the department that the property has not been aban- 36 doned or serve a duly verified answer to the petition until either the 37 thirtieth day after such posting or delivery, or the date specified by 38 the notice of the proceeding as the last day for an answer, whichever is 39 later. 40 (iv) Where an owner is listed as "unknown" on the tax roll and the 41 name of such owner cannot be found in the public record, the notice 42 shall be mailed to the property address by ordinary first class mail 43 addressed to "occupant" and a copy thereof shall be posted on the prop- 44 erty to which the petition relates. 45 (c) Posting of notice. When a notice is required to be posted on the 46 property to which the petition relates pursuant to this section, the 47 posting shall be deemed sufficient if it is either (i) affixed to a door 48 of a residential or commercial structure on the premises, or (ii) 49 attached to a vertical object, such as a tree, post or stake, and plain- 50 ly visible from the road. Provided, that if, when visiting the premises 51 for this purpose, the department should find thereon an occupant of 52 suitable age and discretion, he or she may deliver such notice to such 53 occupant in addition to or in lieu of posting it. The process of so 54 posting or delivering such notice shall warrant the imposition of an 55 extra charge of one hundred dollars against the parcel, in addition toA. 3736 6 1 any other charges authorized by section eleven hundred twenty-four of 2 this chapter and without regard to any limitations set forth therein. 3 (d) Changes of address. It shall be the responsibility of any party 4 entitled to notice pursuant to this section to notify the department 5 when his, her or its address changes. Such notification need not be in 6 any particular form as long as it is in writing, affirmatively states 7 that such party's address has changed or uses language to that effect, 8 and sets forth the new address. It shall not suffice to submit to the 9 department an item that merely displays the new address, such as a check 10 upon which the new address has been imprinted, or a letter or envelope 11 which uses the new address as the return address, unless such submission 12 includes language clearly indicating that such address is that party's 13 new address. In the event that a proceeding is challenged on grounds of 14 lack of notice, and the party raising this issue failed to provide a 15 current address to the department pursuant to this paragraph, the court 16 having jurisdiction may take such failure into account when evaluating 17 whether reasonable notice was given. 18 (e) Public record. For purposes of this section, the public record 19 shall be deemed to consist of the books maintained by the recording 20 officer of the county in which the property is located pursuant to 21 section three hundred fifteen of the real property law, the books kept 22 by the clerk of the surrogate's court of the county in which the proper- 23 ty is located pursuant to section twenty-five hundred two of the surro- 24 gate's court procedure act, the tax rolls in the possession of the city, 25 town or village dated from the certification of abandonment forward. 26 4. The notice to be so mailed shall consist of (a) a copy of the peti- 27 tion and, if not substantially the same as the petition, the public 28 notice of vesting of title, provided that such copies need not include 29 the descriptions or the names of the owners of any parcels in which the 30 addressee does not have an interest, and (b) a statement substantially 31 as follows: 32 "To the party to whom the enclosed notice is addressed: 33 You are presumed to own or have a legal interest in one or more of the 34 parcels of real property described on the enclosed petition. 35 A proceeding to vest title to such property based upon the abandonment 36 by the owner has been commenced. This proceeding will result in the loss 37 of ownership of such property and all rights in that property. 38 To avoid loss of ownership or of any other rights in the property, you 39 must interpose a duly verified answer in the proceeding. You may wish to 40 contact an attorney to protect your rights. 41 After.......... (insert the last date to notify the Department), a 42 court will transfer the title of the property to the.......... (Name of 43 the city, town or village) by means of a court judgment. 44 Should you have any questions regarding this notice, please 45 call........ (insert the name of the officer or employee of the Depart- 46 ment) at.......... (insert telephone number). 47 Dated,............... (Insert date)." 48 5. (a) An affidavit of mailing of such notice shall be executed. 49 (b) The failure of an intended recipient to receive any such notice 50 shall not invalidate the proceeding or prevent the enforcement of the 51 same as provided by law. 52 (c) The service of the notice required by this section shall be deemed 53 to be equivalent to the service of a notice of petition pursuant to 54 section four hundred three of the civil practice law and rules. 55 6. (a) Nothing contained herein shall be construed to preclude the 56 department from issuing, at its discretion, a duplicate of any suchA. 3736 7 1 notice, clearly labeled as such, through means other than ordinary first 2 class mail, including but not limited to personal service, registered or 3 certified mail, facsimile transmission, or electronic mail. 4 (b) Nothing contained herein shall be construed to preclude the 5 department from issuing, at its discretion, one or more informal notices 6 to an owner or other party prior to issuing the notice required by this 7 section. 8 (c) The failure of the department to mail any such discretionary 9 notice, or the failure of an intended recipient to receive such a 10 notice, shall not invalidate the proceeding or prevent the enforcement 11 of the same as provided by law. 12 7. Any notice mailed by ordinary first class mail pursuant to this 13 section may also be mailed in duplicate by certified mail at the option 14 of the department. 15 § 7. Subdivision 1 of section 1973 of the real property actions and 16 proceedings law, as amended by chapter 593 of the laws of 1983, is 17 amended to read as follows: 18 1. After all provisions of section nineteen hundred seventy-two of 19 this article have been complied with, the department may commence a 20 proceeding in a court of competent jurisdiction in the county in which 21 the [dwelling] property is located, to vest title to the property in the 22 city, town or village. 23 § 8. Subdivisions 1 and 3 of section 1974 of the real property actions 24 and proceedings law, subdivision 1 as amended by chapter 573 of the laws 25 of 1982 and subdivision 3 as amended by chapter 593 of the laws of 1983, 26 are amended to read as follows: 27 1. If any party to the proceeding contests the issue of abandonment, 28 the burden of proving that the [dwelling] property is abandoned shall be 29 upon the department, and the court shall make a finding based on the 30 facts before it. 31 3. Upon a finding by the court that the [dwelling] property is aban- 32 doned, the court shall enter a final judgment in favor of the petition- 33 er. The fact that an administrator has been appointed pursuant to arti- 34 cle seven-A of this chapter shall not prevent the court from entering a 35 final judgment in favor of the petitioner upon a finding by the court 36 that the [dwelling] property is abandoned. The final judgment shall 37 direct such officer of the city, town or village in which the [dwelling] 38 property is located as may be designated in the judgment to execute and 39 record a deed conveying title of the premises to the city, town or 40 village thirty days after entry of judgment. Upon the entry of such 41 judgment the city, town or village shall be seized of an estate in fee 42 simple absolute in such land and all persons, including the state of New 43 York, infants, incompetents, absentees and non-residents who may have 44 had any right, title, interest, claim, lien or equity of redemption in 45 or upon such lands shall be barred and forever foreclosed of all such 46 right, title, interest, claim, lien or equity of redemption. 47 § 9. This act shall take effect immediately.
