Prospective Obligation Only - For state or federally chartered banks, savings banks, savings and loan associations, or credit unions that originated, owned, serviced or maintained between three-tenths and five-tenths of one percent of the total loans originated in the state during the calendar year ending two years prior to the current year, the duty to inspect, secure and maintain vacant and abandoned properties is prospective only. Contributing to this has been the fact that the Empire State has the seventh longest foreclosure timeline in the U.S. at 1,103 days on average. On June 23, Gov. The Zombie Remediation and Prevention Initiative coincided with the passage of the New York State Abandoned Property Neighborhood Relief Act of 2016 (the “Zombie Law”) which requires banks and other mortgagees to externally maintain vacant one-to-four family houses during the foreclosure process or face a potential penalty of up to $500 per day per property. Mortgagees are to provide information on those “Vacant and Abandoned Properties” (as defined in RPAPL § 1309) within their portfolio within 21 days … New York recently enacted the Zombie Property Remediation Act of 2019 (the Act), which allows municipalities to compel mortgagees to either commence or complete mortgage foreclosure proceedings or issue a certificate of discharge of the mortgage for any abandoned property (i.e., zombie property). The law authorizes local governments to compel mortgage lenders to foreclose in a timely manner or release abandoned properties to allow for resolution on a local level. This project is a collaboration between the Western New York Law Center, Columbia Law School’s Lawyering in the Digital Age Clinic, and the Erie County Clerk’s Office. Enacts the "zombie property remediation act of 2019" relating to foreclosure actions involving abandoned properties. The law, located at Real Property Actions and Proceedings Zombie Foreclosure Laws and Task Force in New York. Your support or opposition to this bill is then shared immediately with the senator who represents you. New York has 2,266 zombie properties, the most of any state in the country by far, according to Attom Data Solutions. The Department’s recently published final regulation, implementing the new legislation, explains how mortgagees are to determine whether they qualify for the exemption or the prospective-only obligation. Home address is used to determine the senate district in which you reside. A New Jersey mortgage lender is the first to be fined under a New York law cracking down on zombie homes. This act shall be known and may be cited as the "zombie property remediation act of 2019". From The Bronx to Buffalo, zombie properties impact every corner of our state resulting in blight and diminished property values for surrounding homeowners. Inspecting the Property – An exterior inspection must be conducted within 90 days of a borrower falling into delinquency and, thereafter, every 25-35 days throughout the delinquency of the loan, at different times of the day. New York recently enacted the Zombie Property Remediation Act of 2019 (the Act), which allows municipalities to compel mortgagees to either commence or complete mortgage foreclosure proceedings or issue a certificate of discharge of the mortgage for any abandoned property (i.e., zombie property). Comment moderation is generally performed Monday through Friday. Zombie Property: The Vacant and Abandoned Property Registry. The new law will take effect on Dec. 20, 2016. Existing state and local code enforcement laws have generally obligated only owners, and not lienholders, to maintain properties, so the Zombie Law … In 2016, the convergence of new legal authority and funds from a significant bank settlement gave municipalities in New York State an unprecedented opportunity to take stock of and address zombie and vacant properties in their jurisdictions. “ Zombie properties threaten neighborhoods across New York State, from big cities to small towns,” said Attorney General Schneiderman. The Department of Financial Services supervises many different types of institutions. The Act becomes effective December 20, 2016 , Andrew Cuomo despite concerns it may violate free speech protection under the U.S. Constitution. BUFFALO, N.Y. (WIVB)–New York municipalities were handed a new tool, this week, to try to put the brakes on “zombie” properties. Senate Independent Democratic Conference Leader Jeffrey Klein said: "Today is a victory for every community in New York State. an occupant of the property has asserted his or her right to occupy the property, or the mortgagee or its agents have received threats of violence; a court has ordered the mortgagee to stop any maintenance of the property; a homeowners" association or cooperative has prevented the mortgagee from gaining access to or maintaining the property; the property has been sold or transferred to a new owner; the mortgagee or investor has released the lien on the property; or. New NY law bans sale of Confederate flags on state property December 16, 2020 GMT ALBANY, N.Y. (AP) — The sale or display of Confederate flags, swastikas and other “symbols of hate” on state property is banned in New York under a law signed by Gov. On June 27, 2016, Governor Cuomo signed into law Chapter 73 of the 2016 Laws of the State of New York, entitled the Abandoned Property Relief Act of 2016 1 *, namely Sections 1308, 1309 and 1310 of the Real Property Actions and Proceedings Law (“RPAPL ) to confront the lingering vacant and abandoned residential property epidemic resulting from the mortgage foreclosure crisis that continues to blight The law imposes a duty to inspect, secure and maintain vacant and abandoned properties on mortgagees or their servicing agents. In general, if a property has been certified … amend and recommit to housing, construction and community development, referred to housing, construction and community development, show Housing, Construction and Community Development committee vote details, View More Zombie Foreclosure Laws and Task Force in New York In late 2019, New York Governor Andrew Cuomo signed legislation that gives local municipalities more power to fight against zombie properties. New York Consolidated Laws, Real Property Law - RPP § 381. (49 Lines). Next » There shall be filed with the registrar a survey, map or plan of the land the title to which is sought to be registered, which shall be made by a competent surveyor and shall be subject to the approval of the … Andrew Cuomo signed into law legislation passed just days earlier that, among other things, is designed to tackle New York state's "zombie property" problem. The city’s first zombie team was created in … (Optional). Although the zombie property legislation does not have an official title, it is commonly being referred to as New York’s 2016 Zombie Property and Foreclosure Prevention Legislation (hereinafter referred to as “the Act”). The Zombie Remediation and Prevention Initiative coincided with the passage of the New York State Abandoned Property Neighborhood Relief Act of 2016 (the “Zombie Law”) which requires banks and other mortgagees to externally maintain vacant one-to-four family houses during the foreclosure process or face a potential penalty of up to $500 per day per property. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Find your Senator and share your views on important issues. The New York State Department of Financial Services (“DFS”) has finalized a new Part 422 to its regulations (“Final Regulation”) that require banks and mortgage servicers to report and maintain vacant and abandoned properties, commonly referred to as “zombie properties.” The Final Regulation expands upon legislation signed into law earlier … The mission of the Task Force is to share ideas among key stakeholders, distribute strategies with proven results, identify … Maintain – A mortgagee who has determined a property to be vacant and abandoned and who has secured the same shall take reasonable and necessary actions, to maintain the property until the earlier of the following events: Pursuant to RPAPL § 1309, a property will be deemed “vacant and abandoned” if three consecutive inspections of such property conducted 25-35 days apart and at different times of the day show that: Residential real property will also be deemed vacant and abandoned if: Evidence of lack of occupancy shall include but not be limited to the following conditions: Residential real property will not be deemed vacant and abandoned if, on the property: Violations of RPAPL § 1308 may be heard by a hearing officer or a court of competent jurisdiction. The DFS issued regulations to accompany the new law concerning vacant and abandoned property reporting requirements (“DFS Regulations”), which also took effect on December 20, 2016. Andrew Cuomo recently signed a law allowing cities to reclaim and redevelop blighted homes across New York that have fallen into foreclosure. Zombie properties are blighting influences on communities that bring down property values and can pose health and safety risks to neighbors. This period of vacancy has become too familiar in the state of New York, resulting in the deterioration of once well-kept homes. Tom Quinn. Mount Laurel-based PHH Mortgage Corp. was fined $119,000 for failing to maintain a vacant. Search New York Codes. The Department of Financial Services shall maintain a statewide Vacant and Abandoned Property Database for the registration of “vacant and abandoned properties” within the State of New York. The Act went into effect on December 18, 2019. Survey, map or plan to be filed. The law, commonly referred to as the “Zombie Properties” law, took effect on December 20, 2016. New Lender Obligations To curb the threat that zombie properties pose to communities, the law imposes a pre-foreclosure duty on those who hold a mortgage on a vacant or abandoned residential property to maintain and secure it during the foreclosure process. New York State is providing additional funding to municipalities that will boost efforts regarding mortgage servicer compliance with the state and local vacant property laws. New York Governor Andrew Cuomo signed SB 5079A (Zombie Property Remediation Act). This new law will make it easier for municipalities to reclaim and redevelop zombie properties in order to return them to the property tax rolls. The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. The law is an amendment to Section 1307 of the Real Property Actions and Proceedings Law. Facebook; Twitter; LinkedIn; Email; Show more sharing options. Others might share a personal anecdote about how the bill would affect them or people they care about. If the servicer or its agent determines that the property is vacant and abandoned (as defined in RPAPL § 1309), then it must, within seven business days of the determination, post notice on an easily accessible part of the property that would be reasonably visible to the borrower, property owner or occupant, and monitor the property (1) for any change in occupancy or contact with the borrower, property owner or occupant; and (2) to ensure that the notice remains posted so long as the duty to maintain the property (detailed below) applies. New York State’s 2016 Zombie Property and Foreclosure Prevention Act By Kirsten Keefe Revised July 13, 2016 On June 23, 2016, Governor Andrew Cuomo signed into law Chapter 73 of the Laws of New York 2016 the 1final omnibus bill of the session (A.10741/S.8159). Securing the Property – If the posted notice is not responded to or persists for 7 consecutive calendar days without contact with the borrower, property owner or occupant indicating that the property is not vacant or abandoned, or if an emergent property condition that could reasonably damage, destroy or harm the property arises, the mortgagee or its servicing agent must secure the property. Zombie properties are mortgage-delinquent properties that have been abandoned by the owner but which languish for years in a state of disrepair and neglect until the … Cancel « Prev. Send me alerts for this bill. According to The Post-Journal, the bill titled "Zombie Property Remediation Act of 2019" was approved 122-24 on the floor of the state Assembly and 48-14 by the state Senate in June. If there is no indication of occupancy during this seven-day period, the servicer must secure and maintain the property until the earliest of certain events described below. This new law goes into effect immediately. substantial changes to New York’s Real Property Actions and Proceedings Law (RPAPL) that are ntended to i address zombie properties, a major cause of the distressed, vacant, and abandoned properties that blight New York’s cities and villages . I can unsubscribe at any time. The Erie County Zombie Foreclosure Task Force, founded by County Clerk Kearns and the Western New York Law Center, was created in response to the zombie foreclosure crisis in Erie County. The New York State Senate and Assembly recently passed legislation aimed at solving the state's zombie homes problem. Your valid home address is used to determine which NY State Senator Represents you. The program called Zombies 2.0 will provide up to $9 million in grants, which will also be used to increase housing code enforcement and track and monitor vacant properties. A mortgagee who has determined a property to be vacant and abandoned and who has secured the same shall take reasonable and necessary actions, to maintain the property in a manner consistent with the standards set forth in §§ 301, 302 (excluding 302.2, 302.6 and 302.8), 304.1, 304.3, 304.7, 304.10, 304.12, 304.13, 304.15, 304.16, 307.1, and 308.1 of the New York Property Maintenance Code, to the extent that the mortgagee is able to obtain necessary or required permits or approvals. The Zombie Law gave New York cities, towns and villages a powerful tool to address the problem of zombies and vacants in their jurisdictions because, for the first time, banks . Effective December 20, 2016, Sections 1308 and 1310 of the New York Real Property Action and Proceedings Law (RPAPL), obligates mortgagees and servicers to assume certain responsibilities in connection with vacant and abandoned residential properties securing mortgage loans in their portfolios. In late 2019, New York Governor Andrew Cuomo signed legislation that gives local municipalities more power to fight against zombie properties. Sorry, you need to enable JavaScript to visit this website. Zombie properties are blighting influences on communities that bring down … The Act went into effect on December 18, 2019. Governor Andrew Cuomo has signed a new law (S.4190 /A.6976) requiring mortgage servicers to provide contact information so local governments can easily reach those responsible for maintaining vacant properties in their communities. Assemblyman Angelo Santabarbara, a democrat from New York, proudly announced last week that his legislation to help local communities solve the problem of abandoned properties, otherwise known as “zombie foreclosures” has passed the Assembly. in cases where the property contains two or more points of ingress or egress, replace no more than one door lock to provide subsequent access to the property; secure, replace or board up broken doors and windows; secure any part of the property that may be deemed an attractive nuisance; take reasonable measures to ensure that pipes, ducts, conductors, fans and blowers do not discharge harmful gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate waste directly upon abutting or adjacent public or private property or that of another tenant; where appropriate, winterize the applicable plumbing and heating systems; provide basic utilities including, but not limited to, water, electricity, natural gas, propane and sewer service, as appropriate and, when allowed by the local utility provider, that are needed for the operation of a sump pump or dehumidifier, or when there are jointly owned or shared utilities with adjoining properties or units, except for turning off water service to prevent flooding or water leaks in the property, or when other utility service could reasonably create a hazard to the property or an unauthorized occupant or person entering the property; remove and remediate any significant health and safety issues, including outstanding code violations; and. Any municipality wishing to take such action shall provide the Superintendent with at least ten days’ notice by completing the Notice Form and returning it to [email protected]. On December 18, 2019, Governor Andrew Cuomo signed Senate Bill 5079A into law, which gives local municipalities in New York more ways to fight against zombie properties. “Abandoned homes become magnets for crime, drag down property values and drain municipal coffers. September 27, 2017. New York’s statewide crackdown on “zombie homes”, a campaign launched in Western New York, seems to be paying off. The New York State Department of Financial Services (DFS) oversees compliance with zombie property laws requiring mortgage companies to monitor and maintain vacant properties. In the case of zombie properties, … Search by Keyword or Citation; Search by Keyword or Citation . take reasonable measures to prevent the growth of harmful mold. Zombie houses have been known to … According to HPD, New York’s zombie home law designates both lenders and their servicers as responsible parties for the safety and security of properties in foreclosure. New York Launches Education Initiative and Issues Additional Guidance Regarding "Zombie Property" Obligations. Gov. Press Release from New York Attorney General: “A.G. § 2. As we have previously reported in earlier … New Zombie Home Foreclosure Law In New York On June 23, 2016, Governor Andrew Cumo signed a ground breaking bill into law requiring banks to take responsibility for “zombie” properties. New York’s statewide crackdown on “zombie homes”, a campaign launched in Western New York, seems to be paying off. The Zombie Properties Project brings together law students, municipal officials, and previously foreclosed-on property owners to (1) combat the threat posed to communities across New York by “Zombie Properties,” and (2) restore any surplus moneys from the auction of foreclosed properties to their rightful owners. Open Legislation comments facilitate discussion of New York State legislation. Guidance to Mortgagees and Servicers Regarding Property Maintenance Obligations for Vacant and Abandoned Residential Properties, Zombie Property Filing System Information, Total number of loans originated in the state in 2019, Best Practices: Inspecting, Securing, and Maintaining Vacant and Abandoned Properties, Department’s Industry Best Practices: Inspecting, Securing, and Maintaining Vacant and Abandoned, total number of loans originated in the state in 2019, Accessibility & Reasonable Accommodations. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. This new law, which took effect on December 20, 2016, builds upon the foreclosure reforms of 2008 and 2009 and targets the zombie property epidemic in a number of ways, including: (1) by imposing inspection, maintenance and reporting requirements on mortgagees … The last section of the bill, Part Q, includes provisions which address vacant and abandoned properties, establish timelines for … Problem Background. Last year, New York Attorney General Eric Schneiderman estimated that there were as many as 16,700 zombie properties in New York. Earlier this year, for example, it allocated $9 million in grant funds to boost compliance with vacant property laws.. New York has 2,266 zombie properties, the most of any state in the country by far, according to Attom Data Solutions. The Superintendent is authorized to pursue any suspected violation, as is the municipality in which the subject property is located. “Finding mortgage servicer information is often one of the most difficult tasks in the fight against zombie foreclosures,” said Kate Lockhart, vacant and abandoned property program director of the Western New York Law Center. Zombie grantees used funds to bolster … The program called Zombies 2.0 will provide up to $9 million in grants, which will also be used to increase housing code enforcement and track and monitor vacant properties. So, on the eve of a new decade, New York state is trying again to kill zombie homes. 1. With grant funds and technical expertise from the Subject to bankruptcy filings, cease and desist orders, threats of violence, or active loss mitigation efforts, the mortgagee or its agent must complete an exterior inspection of the subject property to determine occupancy within 90 days the date on which the loan for the property becomes delinquent. have to repair externally and maintain zombies as lienholders on the property. The hotline provides added teeth to the recently passed zombie home legislation, facilitating compliance and a path out of the crisis that has persisted years after the … The Zombie Property Remediation Act allows mortgage lenders to expedite foreclosure processes across New York City. Each borrower and owner has separately issued a sworn written statement, expressing his or her intent to vacate and abandon the property and an inspection of the property shows no evidence of occupancy to indicate that any persons are residing there. Governor Andrew M. Cuomo today signed legislation (S.5079-A/A.1859-A) - or the Zombie Property Remediation Act of 2019 - allowing municipalities to better address zombie properties that are plaguing their communities. Optional services from the NY State Senate: Include a custom message for your Senator? PHH Mortgage was the first mortgage servicer to be fined by the New York … In 2016, legislation was signed to address the threat posed to communities by vacant and abandoned “zombie properties” throughout the State of New York was passed. All comments are subject to moderation. Our bill will keep … Share Show more sharing options. Posting Notice on the Property – Notice, which includes contact information from the applicable mortgagee or servicer, must be posted within 7 business days of determining that the property is vacant and abandoned. The Erie County Zombie Foreclosure Task Force, founded by County Clerk Kearns and the Western New York Law Center, was created in response to the zombie foreclosure crisis in Erie County. Students, working in conjunction with advisors at the Western New York Law Center, will access public records and examine various legal documents associated with the mortgage foreclosure process. Moreover, the municipality in which the property is located, shall have the right to, upon notice, enter and maintain the property and shall have a cause of action against the applicable mortgagee or servicer to recover any costs incurred in the process. This research can be done remotely through online databases and all training materials will be accessible through the Zombie Property Project website. The zombie property provisions were included as Part Q of Chapter 73. There is an exemption for mortgagees with a relatively small share of the home mortgage market; specifically, the inspection and maintenance requirement does not apply to state or federally chartered banks, savings banks, savings and loan associations, or credit unions that (1) originate, own, service and maintain their mortgages or a portion thereof; and (2) originated, owned, serviced, or maintained less than three-tenths of one percent of the total loans originated in the state during the calendar year ending two years prior to the current year. The Task Force is made up of municipalities, banks, realtors, nonprofits, and other community leaders. no occupant was present and there was no evidence of occupancy on the property to indicate that any persons are residing there; and, the property was not being maintained in a manner consistent with the standards set forth in the, A court or other appropriate state or local governmental entity has formally determined, following due notice to the borrower at the property address and any other known addresses, that such property is vacant and abandoned; or. This new law authorizes the city, village, or town in which a distressed home is located to force the lender to either foreclose the property promptly or release its mortgage. The regulation also outlines other important procedures for complying with the new law’s inspection, maintenance and reporting requirements. 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