
Massachusetts Senate Bill S.921
July 1, 2024
New Jersey Assembly Bill No. 3791
July 1, 2024New York Assembly Bill A10627
Overview
New York Assembly Bill A10627, introduced by the Committee on Rules at the request of Assembly Member Lavine, aims to amend the Real Property Actions and Proceedings Law concerning the title to abandoned multiple dwellings in cities, towns, or villages. When notified of the city’s intention to institute proceedings on such properties, the bill outlines the responsibilities and timelines for mortgagees, lienors, and lessees.
Key Provisions
- Notification Process:
- The bill requires that within five days of serving notice to the property owner, a copy of the certification must also be served to each mortgagee, lienor, and lessee of record.
- This service can be done personally or by registered mail to the address listed in the recorded instrument. If no address is listed, it should be sent to the person who requested the recording of the instrument.
- Action Requirements for Mortgagees and Lienors:
- Upon receiving the notification, mortgagees and lienors have 15 days to either:
- (a) Commence foreclosure proceedings and move for the appointment of a receiver who must bring the building into compliance with applicable laws within 90 days of appointment or as otherwise agreed or
- (b) Take possession of the premises as provided in the mortgage and bring the building into compliance within 90 days or as otherwise agreed.
- Upon receiving the notification, mortgagees and lienors have 15 days to either:
- Department’s Authority to Institute Proceedings:
- The department may proceed with legal actions if:
- (i) The application for the appointment of a receiver is denied.
- (ii) The appointed receiver fails to bring the building into compliance within the specified time.
- (iii) The mortgagee or lienor in possession fails to bring the building into compliance within the specified time.
- The department may proceed with legal actions if:
- Effective Date:
- The act will take effect 120 days after becoming law and will apply to proceedings commenced on or after that date.
Key Takeaways
- Timely Notification: The bill mandates a strict timeline for notifying mortgagees, lienors, and lessees when a property is subject to abandonment proceedings.
- Action Deadlines: Mortgagees and lienors must act within 15 days to address the compliance issues of the abandoned property.
- Department Oversight: The department retains the authority to take legal action if the responsible parties fail to comply with the regulations within the specified timeframes.
- Future Applicability: The provisions will apply to new proceedings initiated after the law takes effect, ensuring clarity and structure in handling abandoned multiple dwellings.
To read the entire bill, please click here A10627.
DISCLAIMER
This publication may constitute attorney advertising under the laws and rules of professional conduct of one or more states. The information provided in this publication is for general informational purposes only and does not constitute legal advice. The contents are not intended to be a substitute for professional legal advice, consultation, or representation. No attorney-client relationship is formed by reading or relying on this publication. Prior results do not guarantee a similar outcome. Readers should consult a qualified attorney for advice regarding their individual circumstances or any specific legal questions they may have.
If you have questions about this publication, please contact Adam Friedman, Ralph Vartolo or Michael DeRosa,
Friedman Vartolo LLP, 1325 Franklin Avenue, Suite 160, Garden City, NY 11530, Phone: (212) 471-5100 | Fax: (212) 471-5150.




