New York § 1971 Certification of abandonment

New York Statutes

§ 1971 — Certification of abandonment

New York § 1971

Law RPAReal Property Actions & Proceedings

Art. 19-ASpecial Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village

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Bluebook

N.Y. Real Property Actions & Proceedings § 1971 (2026).

Text

§ 1971. Certification of abandonment.

1.The department may make a\nfinding that a dwelling is abandoned if:\n (a) In the case of an occupied dwelling, the owner has failed for a\nperiod of at least three consecutive months either to collect rent or to\ninstitute summary proceedings for nonpayment of rent, and the department\nfinds that the dwelling has become a danger to life, health or safety as\na result of the owner's failure to assume his responsibility for its\ncondition. Such failure may be shown by such facts as an owner's failure\nto provide services including, but not limited to, the failure to make\nrepairs, supply janitorial service, purchase fuel or other needed\nsupplies, or pay utility bills. The appointment of an administrator\npursuant to article seven-A of this chapter

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§ 1971. Certification of abandonment. 1. The department may make a\nfinding that a dwelling is abandoned if:\n (a) In the case of an occupied dwelling, the owner has failed for a\nperiod of at least three consecutive months either to collect rent or to\ninstitute summary proceedings for nonpayment of rent, and the department\nfinds that the dwelling has become a danger to life, health or safety as\na result of the owner's failure to assume his responsibility for its\ncondition. Such failure may be shown by such facts as an owner's failure\nto provide services including, but not limited to, the failure to make\nrepairs, supply janitorial service, purchase fuel or other needed\nsupplies, or pay utility bills. The appointment of an administrator\npursuant to article seven-A of this chapter shall not prevent the\ndepartment from making a finding that a dwelling is abandoned; or\n (b) In the case of a vacant dwelling, it is not sealed or continuously\nguarded as required by law or it was sealed or is continuously guarded\nby a person other than the owner, a mortgagee, lienor or agent thereof,\nand either of the following facts exists:\n (i) A vacate order of the department or other governmental agency\ncurrently prohibits occupancy of the dwelling; or\n (ii) The tax on such premises has been due and unpaid for a period of\nat least one year; or\n (c) In the case of a building for which an administrator has been\nappointed pursuant to article seven-A of this chapter.\n (i) no motion for the termination of the judgment entered pursuant to\narticle seven-A of this chapter has been granted by the appointing\ncourt;\n (ii) no mortgagee or lienor has commenced foreclosure proceedings; and\n (iii) at least six months have passed since the granting of a judgment\nappointing an administrator pursuant to article seven-A of this chapter.\n 2. When the department finds that a dwelling is abandoned within the\nmeaning of this article, it shall make and file among its records a\ncertification containing such finding and the facts on which it is\nbased. Further, it shall immediately affix to the dwelling in a\nprominent and conspicuous location, a notice that the building has been\nfound to be an abandoned building and that it is a crime to take, remove\nor otherwise damage any fixture or part of the building structure.\n