§ 1307. Duty to maintain foreclosed property.
1.A plaintiff who\ncommences a mortgage foreclosure action, including a lender, an assignee\nor a mortgage loan servicer, seeking a judgment of foreclosure and sale\npursuant to section thirteen hundred fifty-one of this article,\ninvolving residential real property, as defined in section thirteen\nhundred five of this article, that is vacant, or becomes vacant after\ncommencement of the action or the issuance of such judgment, or is\nabandoned by the mortgagor but occupied by a tenant, as defined under\nsection thirteen hundred five of this article, shall maintain such\nproperty until such time as ownership has been transferred through the\nclosing of title in foreclosure, or other disposition, and the deed for\nsuch property has been duly
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§ 1307. Duty to maintain foreclosed property. 1. A plaintiff who\ncommences a mortgage foreclosure action, including a lender, an assignee\nor a mortgage loan servicer, seeking a judgment of foreclosure and sale\npursuant to section thirteen hundred fifty-one of this article,\ninvolving residential real property, as defined in section thirteen\nhundred five of this article, that is vacant, or becomes vacant after\ncommencement of the action or the issuance of such judgment, or is\nabandoned by the mortgagor but occupied by a tenant, as defined under\nsection thirteen hundred five of this article, shall maintain such\nproperty until such time as ownership has been transferred through the\nclosing of title in foreclosure, or other disposition, and the deed for\nsuch property has been duly recorded; provided, however, that if a\nmunicipality or governmental entity holds a mortgage subordinate to one\nor more mortgages on the residential real property, the municipality or\ngovernmental entity shall not be subject to the requirements of this\nsection.\n 2. Such plaintiff shall have the right to peaceably enter upon such\nproperty, or to cause others to peaceably enter upon the property for\nthe limited purpose of inspections, repairs and maintenance as required\nby this section, or as otherwise ordered by court; provided, however,\nthat if the property is occupied by a tenant, at least seven days notice\nmust be given to such tenant, unless emergency repairs are required in\nwhich case reasonable notice shall be provided to the tenant.\n (a) A residential property is deemed vacant for the purposes of this\nsection if the residential property meets the definition of a "vacant\nand abandoned residential property" under section thirteen hundred nine\nof this article or there is an order or finding by a court of competent\njurisdiction or by the municipality in which the residential property is\nlocated that the property is vacant;\n (b) A residential property is deemed abandoned by the mortgagor if:\n(i) All owners of the residential property have indicated in writing\nthat they have abandoned all rights of possession to the residential\nproperty;\n (ii) There is an order or finding by a court of competent jurisdiction\nor by the municipality in which the residential property is located,\neither on the initiative of the court or municipality or in response to\na complaint filed with the court or municipality by a tenant in lawful\noccupancy, that the property was abandoned by the mortgagor; or\n (iii) The plaintiff receives a complaint from a tenant in lawful\noccupancy of the residential property indicating that the owner of the\nresidential property has ceased maintaining the property and:\n (1) The plaintiff posts a notice on the residential property that\nwould be reasonably visible to the owner of the property indicating that\nthe property is deemed abandoned and the owner must contact the\nplaintiff at a number listed on the notice if the owner still occupies\nor claims the right to occupy the property; and\n (2) The plaintiff has received no communication within one week of\nposting the notice of the owner's intention to occupy the property.\n (c) Such plaintiff shall have the right to peaceably enter upon such\nproperty, or to cause others to peaceably enter upon the property for\nthe limited purpose of inspections, repairs and maintenance as required\nby this section, or as otherwise ordered by court; provided, however,\nthat if the property is occupied by a tenant, at least seven days notice\nmust be given to such tenant, unless emergency repairs are required in\nwhich case reasonable notice shall be provided to the tenant.\n (d) Any plaintiff that enters a residential property without a good\nfaith basis for believing that the property is vacant or abandoned and\nwho does not comply with the requirements of paragraph (b) of this\nsubdivision shall be subject to a penalty of five hundred dollars that\nmay be sought by the owner of the residential property or any tenant in\nlawful possession of such property. This penalty may be recovered by a\nproperty owner or tenant in lawful occupancy of such property either\nwithin the foreclosure action pending against the subject residential\nreal property or in a separate action commenced to collect the penalty.\n 3. The municipality in which such residential real property is\nlocated, any tenant lawfully in possession, and a board of managers of a\ncondominium in which the premises are located or a homeowners\nassociation if said premises are subject to the rules and regulations of\nsuch an association, shall have the right to enforce the obligations\ndescribed in this section in any court of competent jurisdiction after\nat least seven days notice to the plaintiff in the foreclosure action\nunless emergency repairs are required. Any entity acting pursuant to\nthis subdivision shall have a cause of action in any court of competent\njurisdiction against the plaintiff in the foreclosure action to recover\ncosts incurred as a result of maintaining the property. The authority\nprovided by this subdivision shall be in addition to, and shall not be\ndeemed to diminish or reduce, any rights of the parties described in\nthis section under existing law against the mortgagor of such property\nfor failure to maintain such property.\n 4. In the event the mortgagor of the property commences a proceeding\nin bankruptcy court prior to the completion of the public auction\nordered in the judgment of sale, the duties created by this section\nshall be suspended during the pendency of the bankruptcy proceeding or\nuntil such time as an order has been entered in that proceeding lifting\nor removing the automatic stay of the foreclosure sale.\n 5. For the purposes of this section "maintain" shall mean keeping the\nsubject property in a manner that is consistent with the standards set\nforth in the New York property maintenance code chapter 3 sections 301,\n302 (excluding 302.2, 302.6 and 302.8), 304.1, 304.3, 304.7, 304.10,\n304.12, 304.13, 304.15, 304.16, 307.1, and 308.1; provided, however,\nthat if the property is occupied by a tenant, then such property must\nalso be maintained in a safe and habitable condition.\n 6. A plaintiff shall be relieved of its responsibilities to maintain\nthe residential real property that is the subject of a foreclosure\naction for the period that a receiver of such property is serving.\n 7. Nothing contained in this section shall diminish in any way the\nobligations pursuant to any state or local law of the mortgagor of the\nproperty or a receiver of rents and profits appointed in an action to\nforeclose a mortgage to maintain the property prior to the closing of\ntitle pursuant to a foreclosure sale.\n 8. This section shall not preempt, reduce or limit any rights or\nobligations imposed by any local laws with respect to property\nmaintenance and the locality's ability to enforce those laws.\n