Bill Text: NY A05466 | 2019-2020 | 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 2-0)

Status: (Introduced) 2019-02-12 - referred to housing [A05466 Detail]

Download: New_York-2019-A05466-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          5466
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by  M. of A. JOYNER, WEPRIN -- 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.
                                                                   LBD00500-01-9

        A. 5466                             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.
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