§ 1982 — Notice

New York § 1982

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

Text

* § 1982. Notice. 1. If the department proposes to institute\nproceedings pursuant to this article, it may file a copy of the\ncertification and a notice of intention to commence such proceedings in\nthe office of the clerk of the county in which the commercial or\nindustrial real property is located. Such notice shall contain the names\nof all persons required to be served pursuant to this section and shall\notherwise meet the requirements of subdivision (b) of rule sixty-five\nhundred eleven of the civil practice law and rules. The notice shall be\nindexed by the clerk in the manner prescribed by subdivision (c) of rule\nsixty-five hundred eleven of the civil practice law and rules for a\nnotice of pendency of action and shall have the same effect as such\nnotice. It shall expire one year after filing, if no proceeding pursuant\nto this article has been commenced. Except as otherwise provided herein,\nall of the provisions of article sixty-five of the civil practice law\nand rules shall be applicable to the notice filed pursuant to this\narticle.\n 2. The department shall serve upon the owner of the commercial or\nindustrial real property, a copy of the certification. Service shall be\nmade personally or by posting in a conspicuous place upon the commercial\nor industrial real property and mailing a copy by certified mail to the\nlast known owner at such owner's last known address. The copy of the\ncertification shall be accompanied by a notice stating that proceedings\npursuant to this article may be instituted unless the owner notifies the\ndepartment that the property has not been abandoned. Such notification\nshall be made by a showing that the conditions upon which the findings\nin such certification are based do not exist or have been corrected.\nSuch showing shall be made not later than thirty days after the date of\nsuch 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 certified mail or overnight courier to the\naddress set forth in the recorded instrument or, if no address appears\ntherein, to the person at whose request the instrument was recorded.\nSuch copy shall, in the case of a mortgagee or lienor, be accompanied by\na notice that proceedings pursuant to this article may be instituted\nunless the mortgagee or lienor, within forty-five days of receipt of\nsuch mailing, either commences proceedings to foreclose the mortgage or\nlien or enters into an agreement with the department to bring the\nbuilding into compliance with 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, or\n (c) the person listed as the owner of the property on the latest\ncompleted assessment roll, is different from that referred to in\nsubdivisions two and three of this section, a copy of the notice to the\nowner, or to a mortgagee or lienor, whichever is applicable, shall also\nbe sent to such person at such address by certified mail or overnight\ncourier.\n * NB Repealed June 30, 2028\n