BILL NUMBER: S5502
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to determining when a dwelling is abandoned
 
PURPOSE:
This bill expands the criteria for determining when a vacant dwelling
can be certified as abandoned.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends paragraph b of subdivision 1 of section 1971 of the
RPAPL by clarifying that a vacant dwelling may be considered "not sealed
or continuously guarded," for the purpose of determining whether it is
abandoned if the dwelling can be entered without damaging the property,
and by adding the existence of certain serious zoning or code violations
on the property that the owner has failed to cure for more than a year
as a factor in determining whether the property may be considered aban-
doned.
Section 2 sets forth the effective date.
 
JUSTIFICATION:
The existence of zoning and code violations that can endanger the health
and safety of others should not be left unaddressed in either inhabited
or vacant dwellings. Expanding the criteria for determining abandonment
to include dwelling units with such violations would make it possible
for localities to take action to address abandoned dwellings with
hazardous conditions.
 
LEGISLATIVE HISTORY:
23-24: S4556 (Kavanagh)- REFERRED TO JUDICIARY
 
FISCAL IMPLICATIONS:
None.

Statutes affected:
S5502: 1971 real property actions and proceedings law, 1971(1) real property actions and proceedings law