New York S 7413: Relates to notice to be provided prior to a foreclosure action by a homeowners' association

Bill Text

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S07413 Summary:

BILL NOS07413 

&nbsp

SAME ASSAME AS A03470

&nbsp

SPONSORKAVANAGH

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §339-aa, RP L; add Art 20-A §2010, RPAP L

&nbsp

Requires notice to be provided ninety days prior to commencement of a foreclosure action by a homeowners' association or condominium board to enforce a lien for unpaid common charges, assessments, fines or fees.

Go to top S07413 Actions:

BILL NOS07413 

&nbsp

04/15/2025REFERRED TO JUDICIARY

05/20/20251ST REPORT CAL.1204

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/06/2025SUBSTITUTED BY A3470

&nbspA03470 AMEND= Lavine

&nbsp01/27/2025referred to judiciary

&nbsp05/13/2025reported referred to codes

&nbsp05/20/2025reported referred to rules

&nbsp05/21/2025reported 

&nbsp05/21/2025rules report cal.210

&nbsp05/21/2025ordered to third reading rules cal.210

&nbsp05/21/2025passed assembly

&nbsp05/21/2025delivered to senate

&nbsp05/21/2025REFERRED TO JUDICIARY

&nbsp06/06/2025SUBSTITUTED FOR S7413

&nbsp06/06/20253RD READING CAL.1204

&nbsp06/06/2025PASSED SENATE

&nbsp06/06/2025RETURNED TO ASSEMBLY

&nbsp10/09/2025delivered to governor

&nbsp10/16/2025signed chap.433

Go to topS07413 Committee&nbspVotes:

Go to topS07413 Floor&nbspVotes:

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

Go to topS07413 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7413

 2025-2026 Regular Sessions

 IN SENATE

 April 15, 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 law and the real property actions and
 proceedings law, in relation to the foreclosure of liens for unpaid
 assessments due to a homeowners' association or condominium board

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

 1 Section 1. Section 339-aa of the real property law, as amended by
 2 chapter 104 of the laws of 1992, is amended to read as follows:
 3 § 339-aa. Lien for common charges; duration; foreclosure. The lien
 4 provided for in [the immediately preceding] section three hundred thir-
 5 ty-nine-z of this article shall be effective from and after the filing
 6 in the office of the recording officer in which the declaration is filed
 7 a verified notice of lien stating the name (if any) and address of the
 8 property, the liber and page of record of the declaration, the name of
 9 the record owner of the unit, the unit designation, the amount and
 10 purpose for which due, and the date when due; and shall continue in
 11 effect until all sums secured thereby, with the interest thereon, shall
 12 have been fully paid or until expiration six years from the date of
 13 filing, whichever occurs sooner. In the event that unpaid common charges
 14 are due, any member of the board of managers may file a notice of lien
 15 as described herein if no notice of lien has been filed within sixty
 16 days after the unpaid charges are due. Upon such payment the unit owner
 17 shall be entitled to an instrument duly executed and acknowledged certi-
 18 fying to the fact of payment. Such lien may be foreclosed by suit
 19 authorized by and brought in the name of the board of managers, acting
 20 on behalf of the unit owners, in like manner as a mortgage of real prop-
 21 erty pursuant to article thirteen of the real property actions and
 22 proceedings law, without the necessity, however, of naming as a party
 23 defendant any person solely by reason of his owning a common interest
 24 with respect to the property. The board of managers shall be required

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07202-01-5

 S. 7413 2

 1 to provide notice to the unit owner at least ninety days prior to the
 2 commencement of a foreclosure proceeding at the property address and any
 3 other address of record. Such notice shall be in fourteen-point type and
 4 shall inform the owner that the board intends to file an action for
 5 foreclosure to enforce the lien and shall state the address of the prop-
 6 erty and the specific amount due. In any such foreclosur