New York S 5502: Relates to determining when a dwelling is abandoned

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S05502 Summary:

BILL NOS05502 

&nbsp

SAME ASNo Same As

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SPONSORKAVANAGH

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COSPNSR

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MLTSPNSR

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Amd §1971, RPAP L

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Relates to determining when a dwelling is abandoned.

Go to top S05502 Actions:

BILL NOS05502 

&nbsp

02/21/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05502 Committee&nbspVotes:

Go to topS05502 Floor&nbspVotes:

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

Go to topS05502 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5502

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary

 AN ACT to amend the real property actions and proceedings law, in
 relation to determining when a dwelling is abandoned

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

 1 Section 1. Paragraph (b) of subdivision 1 of section 1971 of the real
 2 property actions and proceedings law, as amended by chapter 529 of the
 3 laws of 2008, is amended to read as follows:
 4 (b) In the case of a vacant dwelling, it is not sealed or continuously
 5 guarded, in that admittance to the property may be gained without damag-
 6 ing any portion of the property, as required by law or it was sealed or
 7 is continuously guarded by a person other than the owner, a mortgagee,
 8 lienor or agent thereof, and [either] any of the following facts exists:
 9 (i) A vacate order of the department or other governmental agency
 10 currently prohibits occupancy of the dwelling; or
 11 (ii) The tax on such premises has been due and unpaid for a period of
 12 at least one year; or
 13 (iii) The property has had a zoning, building or property maintenance
 14 code violation which has the potential to injure, endanger or unreason-
 15 ably annoy the health and safety of others that has been continuously
 16 outstanding and not remedied for a period of at least one year from the
 17 date the original notice of violation was served upon the property owner
 18 pursuant to subdivision four of section three hundred eight of the civil
 19 practice law and rules if the owner is a natural person, or pursuant to
 20 section three hundred ten, three hundred ten-a, three hundred eleven or
 21 three hundred eleven-a of the civil practice law and rules if the owner
 22 is a partnership, limited partnership, corporation or limited liability
 23 company, respectively; or
 24 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10139-01-5

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