ARTICLE 19-A

SPECIAL PROCEEDING TO CONVEY TITLE TO
ABANDONED DWELLING TO CITY, TOWN OR VILLAGE
Section 1970. Applicability.
1971. Certification of abandonment.
1971-a. Destruction of abandoned dwellings.
1972. Notice.
1973. Commencement of proceeding.
1974. Decision and judgment of court.

S 1970. Applicability. The department or agency of a city, town or
village, responsible for the enforcement of the multiple dwelling law,
the multiple residence law, or any other law, code or ordinance
governing the occupancy and maintenance of residential property
(hereinafter in this article referred to as "the department") may
institute a proceeding in accordance with the provisions of this article
for a judgment vesting in the city, town or village title to a dwelling
which has been abandoned by the owner. This article shall not apply to a
one-family or two-family dwelling occupied by the owner thereof.

S 1971. Certification of abandonment. 1. The department may make a
finding that a dwelling is abandoned if:
(a) In the case of an occupied dwelling, the owner has failed for a
period of at least three consecutive months either to collect rent or to
institute summary proceedings for nonpayment of rent, and the department
finds that the dwelling has become a danger to life, health or safety as
a result of the owner`s failure to assume his responsibility for its
condition. Such failure may be shown by such facts as an owner`s failure
to provide services including, but not limited to, the failure to make
repairs, supply janitorial service, purchase fuel or other needed
supplies, or pay utility bills. The appointment of an administrator
pursuant to article seven-A of this chapter shall not prevent the
department from making a finding that a dwelling is abandoned.
(b) In the case of a vacant dwelling, it is not sealed or continuously
guarded as required by law or it was sealed or is continuously guarded
by a person other than the owner, a mortgagee, lienor or agent thereof,
and either of the following facts exists:
(i) A vacate order of the department or other governmental agency
currently prohibits occupancy of the dwelling; or
(ii) The tax on such premises has been due and unpaid for a period of
at least one year.
2. When the department finds that a dwelling is abandoned within the
meaning of this article, it shall make and file among its records a
certification containing such finding and the facts on which it is
based. Further, it shall immediately affix to the dwelling in a
prominent and conspicuous location, a notice that the building has been
found to be an abandoned building and that it is a crime to take, remove
or otherwise damage any fixture or part of the building structure.

S 1971-a. Destruction of abandoned dwellings. "Destruction of an
abandoned dwelling" occurs when a person, having no right to do so or
permission of the department or the owner to take, remove or otherwise
damage the fixtures or the structure of the building, nor any reasonable
ground to believe that he has such right or permission, intentionally
removes or damages any fixture or part of the structure of a building
which has been certified as abandoned in accordance with the provisions
of section nineteen hundred seventy-one of this chapter.

S 1972. Notice. 1. If the department proposes to institute proceedings
pursuant to this article, it may file a copy of the certification and a
notice of intention to commence such proceedings in the office of the
clerk of the county in which the dwelling is located. Such notice shall
contain the names of all persons required to be served pursuant to this
section and shall otherwise meet the requirements of subdivision (b) of
section six thousand five hundred eleven of the civil practice law and
rules. The notice shall be indexed by the clerk in the manner prescribed
by subdivision (c) of section sixty-five hundred eleven of the civil
practice law and rules for a notice of pendency of action and shall have
the same effect as such notice. It shall expire one year after filing,
if no proceeding pursuant to this article has been commenced. Except as
otherwise provided herein, all of the provisions of article sixty-five
of the civil practice law and rules shall be applicable to the notice
filed pursuant to this article.
2. The department shall serve upon the owner of the dwelling, a copy
of the certification. Service shall be made personally or by posting in
a conspicuous place upon the dwelling and mailing a copy by registered
or certified mail to the last known owner at such owner`s last known
address. In the case of a dwelling subject to the provisions of section
three hundred twenty-five of the multiple dwelling law, such mailing may
be made to the last registered owner at his last registered address. The
copy of the certification shall be accompanied by a notice stating that
proceedings pursuant to this title may be instituted unless the owner
notifies the department that the property has not been abandoned. Such
notification shall be made by a showing that the conditions upon which
the findings in such certification are based do not exist or have been
corrected. Such showing shall be made not later than thirty days after
the date of such notice.
3. Within five days of the service of notice on the owner, a copy of
the certification shall be served on each mortgagee, lienor and lessee
of record, personally or by registered mail to the address set forth in
the recorded instrument or, if no address appears therein, to the person
at whose request the instrument was recorded. Such copy shall, in the
case of a mortgagee or lienor, be accompanied by a notice that
proceedings pursuant to this article may be instituted unless the
mortgagee or lienor, within fifteen days of such mailing, either
commences proceedings to foreclose the mortgage or lien or enters into
an agreement with the department to bring the building into compliance
with the applicable provisions of law.
4. If the name or address of
(a) the last owner of record; or
(b) any owner, mortgagee, lienor, or claimant as shown on records
maintained by any city official required by any local law to maintain
records of persons entitled to notice or process in connection with the
maintenance of in rem foreclosure actions;
(c) the person listed as the owner of the property on the latest
completed assessment roll,
is different from that referred to in subdivisions two and three of
this section, a copy of the notice to the owner, or to a mortgagee or
lienor, whichever is applicable, shall also be sent to such person at
such address by registered mail.

S 1973. Commencement of proceeding. 1. After all provisions of section
nineteen hundred seventy-two of this article have been complied with,
the department may commence a proceeding in a court of competent
jurisdiction in the county in which the dwelling is located, to vest
title to the property in the city, town or village.
2. The petition in such proceeding shall be accompanied by a copy of
the certification and proof by affidavit that the provisions of section
nineteen hundred seventy-two have been complied with and that no party
served with the notice pursuant to such section has taken the
appropriate action prescribed therein in response thereto.
3. A copy of the petition shall be served on all persons to whom
notice was given pursuant to section nineteen hundred seventy-two of
this title by personal service pursuant to article three of the civil
practice law and rules. A notice of pendency shall be filed in
accordance with the provisions of section sixty-five hundred one of the
civil practice law and rules. A copy of the petition shall also be
posted in a conspicuous place on the premises in question, accompanied
by a notice that any person having or claiming an interest in the
property may appear at the hearing thereon to protect his interest.
4. The petition shall be noticed to be heard not less than fifteen
days after service is completed on all parties to the proceeding.
5. A special proceeding pursuant to this article may also be commenced
by order to show cause, in which case the manner of service and the time
at which the order is returnable shall be as prescribed therein by the
court.

S 1974. Decision and judgment of court. 1. If any party to the
proceeding contests the issue of abandonment, the burden of proving that
the dwelling is abandoned shall be upon the department, and the court
shall make a finding based on the facts before it.
2. Upon application by any party to the proceeding, the court may
order a stay of the proceeding for such time as the court deems proper
to permit the mortgagee or lienor to foreclose his mortgage or lien and
to permit the owner, mortgager or lienor to enter the property to make
repairs or if the property be vacant to seal or continuously guard the
building as required by law. The court may impose such terms upon the
owner, mortgagee or lienor as it deems proper for the issuance of said
order, including the posting of such security, if any, as it may
require. At the expiration of the period prescribed by the court, the
court may extend the time of the owner, mortgagee or lienor to comply
with the order, dismiss the proceeding if the owner, mortgagee or lienor
has substantially complied with the order, or issue a judgment as
provided in subdivision three of this section, if the court finds that
the owner, mortgagee or lienor has failed to comply with the order.
3. Upon a finding by the court that the dwelling is abandoned, the
court shall enter a final judgment in favor of the petitioner. The fact
that an administrator has been appointed pursuant to article seven-A of
this chapter shall not prevent the court from entering a final judgment
in favor of the petitioner upon a finding by the court that the dwelling
is abandoned. The final judgment shall direct such officer of the city,
town or village in which the dwelling is located as may be designated in
the judgment to execute and record a deed conveying title of the
premises to the city, town or village thirty days after entry of
judgment. Upon the entry of such judgment the city, town or village
shall be seized of an estate in fee simple absolute in such land and all
persons, including the state of New York, infants, incompetents,
absentees and non-residents who may have had any right, title, interest,
claim, lien or equity of redemption in or upon such lands shall be
barred and forever foreclosed of all such right, title, interest, claim,
lien or equity of redemption.
4. The provisions of section three hundred seventeen of the civil
practice law and rules shall not apply to a proceeding instituted
pursuant to this article. A motion or action to set aside a judgment in
a proceeding instituted prusuant to this article on the grounds either
that there was a failure to comply with the provisions of this article
as to notice or that a defect in the proceeding prejudiced a substantial
right of a party may be instituted within ninety days after the deed
vesting title in a city has been recorded, but not thereafter.
5. The right, title and interest of a purchaser or incumbrancer of a
property as to which a deed vesting title in a city, town or village has
been recorded pursuant to a judgment obtained through this article shall
not be affected or impaired by a motion or action instituted more than
ninety days after such deed vesting title in a city, town or village has
been recorded.