New York A 8083: Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property

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A08083 Summary:

BILL NOA08083 

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SAME ASNo Same As

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SPONSORRomero

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COSPNSR

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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 $500 per day for each day such violation persists after the judgement of foreclosure has been issued.

Go to top A08083 Actions:

BILL NOA08083 

&nbsp

04/24/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08083 Committee&nbspVotes:

Go to topA08083 Floor&nbspVotes:

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

Go to topA08083 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8083

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 24, 2025
 ___________

 Introduced by M. of A. ROMERO -- read once and referred to the Committee
 on Judiciary

 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 five hundred
 12 dollars per day for each day such violation persisted after the judgment
 13 of foreclosure has been issued.
 14 (b) The superintendent of financial services may, as appropriate and
 15 in such superintendent's sole discretion, pursue any suspected violation
 16 of this section by a plaintiff in a mortgage foreclosure action. Before
 17 taking such action, the superintendent of financial services shall give
 18 such plaintiff at least seven days' notice of such violation.
 19 (c) The municipality in which such residential real property is
 20 located shall have the right to enforce the obligations described in
 21 this section in any court of competent jurisdiction after at least seven
 22 days' notice to the plaintiff in the mortgage foreclosure action for
 23 such property, unless such property requires emergency repairs to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05092-01-5

 A. 8083 2

 1 address a threat to public health, safety or welfare, in which case such
 2 municipality may enter and maintain such property to cure such emergen-
 3 cy, provided however, notice shall be provided to such plaintiff as soon
 4 as practicable. Such municipality shall provide the department of finan-
 5 cial services with written notice at least ten days prior to bringing an
 6 action pursuant to this subdivision; provided, however, that failure to
 7 comply with such notice requirement shall not be a defense against the
 8 action pursuant to this subdivision. The authority provided by this
 9 subdivision shall be in addition to, and shall not be deemed to diminish
 10 or reduce, any rights of the parties described in this section under
 11 existing law against the plaintiff for failure to maintain such proper-
 12 ty. Any civil penalty imposed pursuant to paragraph (a) of this subdi-
 13 vision in an action brought by a municipality pursuant to this paragraph
 14 shall be retained by such municipality.
 15 (d) The department of financial services shall be authorized and
 16 empowered to adopt such rules and regulations as may, in the judgment of
 17 the superintendent of financial services, be necessary for the effective
 18 implementatio