New York S 2122: Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property

Bill Text

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S02122 Summary:

BILL NOS02122A

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SAME ASNo Same As

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SPONSORFAHY

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COSPNSRRHOADS

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MLTSPNSR

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Amd §1307, RPAP L

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Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property in an amount of up to $650 per day for each day such violation persists after the judgement of foreclosure has been issued.

Go to top S02122 Actions:

BILL NOS02122A

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01/15/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

05/01/2025AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

05/01/2025PRINT NUMBER 2122A

05/12/20251ST REPORT CAL.978

05/13/20252ND REPORT CAL.

05/14/2025ADVANCED TO THIRD READING 

05/21/2025PASSED SENATE

05/21/2025DELIVERED TO ASSEMBLY

05/22/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

03/18/20261ST REPORT CAL.575

03/19/20262ND REPORT CAL.

03/23/2026ADVANCED TO THIRD READING 

04/27/2026PASSED SENATE

04/27/2026DELIVERED TO ASSEMBLY

04/27/2026referred to judiciary

Go to topS02122 Committee&nbspVotes:

Go to topS02122 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02122 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2122--A

 2025-2026 Regular Sessions

 IN SENATE

 January 15, 2025
 ___________

 Introduced by Sen. FAHY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction and
 Community Development -- committee discharged, bill amended, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the real property actions and proceedings law, in
 relation to authorizing municipalities and the department of financial
 services to seek civil penalties for violations of the duty to main-
 tain a foreclosed property

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 1307 of the real property actions and proceedings
 2 law is amended by adding a new subdivision 3-a to read as follows:
 3 3-a. (a) In addition to the rights to enforce certain obligations and
 4 recover certain costs pursuant to subdivision three of this section,
 5 violations of this section by a plaintiff in a mortgage foreclosure
 6 action may be brought before a hearing officer or a court of competent
 7 jurisdiction by an entity authorized pursuant to paragraph (b) or (c) of
 8 this subdivision. If it shall appear to the satisfaction of such hearing
 9 officer or court, based on the preponderance of the evidence, that such
 10 plaintiff has violated this section, a civil penalty may be issued by
 11 such hearing officer or court in the amount of up to six hundred fifty
 12 dollars per day for each day such violation persisted after the judgment
 13 of foreclosure has been issued. Such penalty may be applied until the
 14 property has been transferred to a third party, whether the determi-
 15 nation of the violation was made before or after the judgment of fore-
 16 closure was issued.
 17 (b) The superintendent of financial services may, as appropriate and
 18 in such superintendent's sole discretion, pursue any suspected violation
 19 of this section by a plaintiff in a mortgage foreclosure action. Before
 20 taking such action, the superintendent of financial services shall give
 21 such plaintiff at least seven days' notice of such violation.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05092-02-5

 S. 2122--A 2

 1 (c) The municipality in which such residential real property is
 2 located shall have the right to enforce the obligations described in
 3 this section in any court of competent jurisdiction after at least seven
 4 days' notice to the plaintiff in the mortgage foreclosure action for
 5 such property, unless such property requires emergency repairs to
 6 address a threat to public health, safety or welfare, in which case such
 7 municipality may enter and maintain such property to cure such emergen-
 8 cy, provided however, notice shall be provided to such plaintiff as soon
 9 as practicable.