§ 1972 — Notice

New York § 1972

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 19-A: Special Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village

Text

§ 1972. Notice. 1. If the department proposes to institute proceedings\npursuant to this article, it may file a copy of the certification and a\nnotice of intention to commence such proceedings in the office of the\nclerk of the county in which the dwelling is located. Such notice shall\ncontain the names of all persons required to be served pursuant to this\nsection and shall otherwise meet the requirements of subdivision (b) of\nsection six thousand five hundred eleven of the civil practice law and\nrules. The notice shall be indexed by the clerk in the manner prescribed\nby subdivision (c) of section sixty-five hundred eleven of the civil\npractice law and rules for a notice of pendency of action and shall have\nthe same effect as such notice. It shall expire one year after filing,\nif no proceeding pursuant to this article has been commenced. Except as\notherwise provided herein, all of the provisions of article sixty-five\nof the civil practice law and rules shall be applicable to the notice\nfiled pursuant to this article.\n 2. The department shall serve upon the owner of the dwelling, a copy\nof the certification. Service shall be made personally or by posting in\na conspicuous place upon the dwelling and mailing a copy by registered\nor certified mail to the last known owner at such owner's last known\naddress. In the case of a dwelling subject to the provisions of section\nthree hundred twenty-five of the multiple dwelling law, such mailing may\nbe made to the last registered owner at his last registered address. The\ncopy of the certification shall be accompanied by a notice stating that\nproceedings pursuant to this title may be instituted unless the owner\nnotifies the department that the property has not been abandoned. Such\nnotification shall be made by a showing that the conditions upon which\nthe findings in such certification are based do not exist or have been\ncorrected. Such showing shall be made not later than thirty days after\nthe date of such notice.\n 3. Within five days of the service of notice on the owner, a copy of\nthe certification shall be served on each mortgagee, lienor and lessee\nof record, personally or by registered mail to the address set forth in\nthe recorded instrument or, if no address appears therein, to the person\nat whose request the instrument was recorded. Such copy shall, in the\ncase of a mortgagee or lienor, be accompanied by a notice that\nproceedings pursuant to this article may be instituted unless the\nmortgagee or lienor, within fifteen days of such mailing, either\ncommences proceedings to foreclose the mortgage or lien or enters into\nan agreement with the department to bring the building into compliance\nwith the applicable provisions of law.\n 4. If the name or address of\n (a) the last owner of record; or\n (b) any owner, mortgagee, lienor, or claimant as shown on records\nmaintained by any city official required by any local law to maintain\nrecords of persons entitled to notice or process in connection with the\nmaintenance of in rem foreclosure actions;\n (c) the person listed as the owner of the property on the latest\ncompleted assessment roll,\nis different from that referred to in subdivisions two and three of this\nsection, a copy of the notice to the owner, or to a mortgagee or lienor,\nwhichever is applicable, shall also be sent to such person at such\naddress by registered mail.\n