Bill Text: NY S04556 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to determining when a dwelling is abandoned.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S04556 Detail]

Download: New_York-2023-S04556-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4556

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 10, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- 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 determining when a dwelling is abandoned

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 1 of section 1971 of the  real
     2  property  actions  and proceedings law, as amended by chapter 529 of the
     3  laws of 2008, is amended to read as follows:
     4    (b) In the case of a vacant dwelling, it is not sealed or continuously
     5  guarded, in that admittance to the property may be gained without damag-
     6  ing any portion of the property, as required by law or it was sealed  or
     7  is  continuously  guarded by a person other than the owner, a mortgagee,
     8  lienor or agent thereof, and [either] any of the following facts exists:
     9    (i) A vacate order of the  department  or  other  governmental  agency
    10  currently prohibits occupancy of the dwelling; or
    11    (ii)  The tax on such premises has been due and unpaid for a period of
    12  at least one year; or
    13    (iii) The property has had a zoning, building or property  maintenance
    14  code  violation which has the potential to injure, endanger or unreason-
    15  ably annoy the health and safety of others that  has  been  continuously
    16  outstanding  and not remedied for a period of at least one year from the
    17  date the original notice of violation was served upon the property owner
    18  pursuant to subdivision four of section three hundred eight of the civil
    19  practice law and rules if the owner is a natural person, or pursuant  to
    20  section  three hundred ten, three hundred ten-a, three hundred eleven or
    21  three hundred eleven-a of the civil practice law and rules if the  owner
    22  is  a partnership, limited partnership, corporation or limited liability
    23  company, respectively; or
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08994-01-3