§ 1111-A — Expedited foreclosure proceedings for vacant and abandoned residential real property

§ 1111-a. Expedited foreclosure proceedings for vacant and abandoned\nresidential real property. 1. Finding of vacancy and abandonment by\naffidavit. Except in cities with a population of one million or more, an\nenforcing officer or his or her agent may determine that a residential\nreal property is vacant and abandoned under this section. Such property\nmay be subject to a redemption period of one year, only if the enforcing\nofficer or his or her agent makes an affidavit to that effect and the\nproperty has been placed on a local municipal roll, registry or list of\nvacant and abandoned property maintained by the taxing municipality.\n 2. Enforcing officer. (a) For purposes of this section "enforcing\nofficer" shall mean the person employed by the municipality to enforce\nstate and local land use regulations such as the New York State Property\nMaintenance Code or the New York State Uniform and Fire Prevention and\nBuilding Code, or his or her agent.\n (b) The enforcing officer or his or her agent must conduct at least\nthree consecutive inspections of residential real property believed to\nbe vacant and abandoned, with each inspection occurring at least thirty\ndays apart and at different times of the day. The enforcing officer must\ninclude in his or her affidavit the dates and times of inspections and a\nstatement that each inspection reasonably indicated that no occupant was\npresent and that there was no evidence of occupancy on the property to\nindicate that any persons were residing there.\n (c)(1) For purposes of this subdivision, the "evidence of abandonment"\nthat the enforcing officer or his or her agent considers during such\nconsecutive inspections shall include but not be limited to any of the\nfollowing conditions: (i) overgrown or dead vegetation; (ii) an\naccumulation of newspapers, circulars, flyers or mail; (iii) past due\nutility notices, disconnected utilities, or utilities not in use; (iv)\nan accumulation of trash refuse or other debris; (v) the absence of\nwindow coverings such as curtains, blinds, or shutters; (vi) one or more\nboarded, missing or broken windows; (vii) that the property is open to\ncasual entry or trespass; or (viii) that the property has a building or\nstructure that is or appears structurally unsound or has any other\ncondition that presents a potential hazard or danger to the safety of\npersons. At least three separate reasonable indications of abandonment\nare required for a determination of abandonment by the enforcing officer\nor his or her agent observed on each of his or her consecutive\ninspections made pursuant to paragraph (b) of this subdivision. A\nlisting of all indications relied on shall be included in the affidavit\nalong with the dates and times observed.\n (2) Residential real property shall not be deemed vacant and/or\nabandoned where such property is: (i) an unoccupied building which is\nundergoing construction, renovation or rehabilitation that is proceeding\nto completion, and the building is in compliance with all applicable\nordinances, codes, regulations and statutes; (ii) a building occupied on\na seasonal basis; (iii) a building that is the subject of a probate\naction, action to quiet title, or other similar ownership dispute; (iv)\na building damaged by a natural disaster and one or more owners intends\nto repair and reoccupy the property; or (v) occupied by the taxpayer, a\nrelative of the taxpayer or a tenant lawfully in possession.\n (d) The affidavit required by this subdivision shall include language\nindicating the enforcing officer or his or her agent in his or her\nprofessional opinion has made a determination that the property is\nvacant and abandoned.\n 3. Notice. (a) The affidavit described in subdivision two of this\nsection shall be served on the property owner or owners pursuant to\nsection three hundred eight of the civil practice law and rules within\none week of having the enforcing officer's signature affixed to it.\n (b) The affidavit and copies of all attached pictures, exhibits and\nother supporting documentation shall be filed with the clerk of the\ntown, village, or city in which the real property is located within one\nweek of having the enforcing officer's or his or her agent's signature\naffixed to it.\n 4. Municipal roll of vacant and abandoned property. (a) All taxing\nlocalities may maintain a roll of vacant and abandoned properties. Such\nroll must include the tax identification number of the lot, the name or\nnames of known legal owners of the property, the date of the finding of\nvacant and abandonment pursuant to the enforcing officer's affidavit,\nand any other information the municipality deems necessary.\n (b) The roll of vacant and abandoned properties shall be made\navailable to the public.\n (c) Upon the placement of any property or lot on the roll, the clerk\nof the town, village or city in which the real property is located shall\nserve notice on the property owner or owners, pursuant to section three\nhundred eight of the civil practice law and rules, that the property has\nbeen placed on the roll and the property may be subject to a reduced\nredemption period of one year if delinquent taxes become owing.\n (d) For purposes of this section the term "roll" shall include a\nregistry or list of vacant and abandoned property.\n 5. Any person or persons, jointly or severably aggrieved under this\nsection may apply to the supreme court for review by proceeding under\narticle seventy-eight of the civil practice law and rules. Such\nproceeding must be instituted within four months of service of notice on\nthe property owner.\n