NY Real Prop Actions L § 1307 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 13 - Action to Foreclose a Mortgage 1307 - Duty to Maintain Foreclosed Property.

§  1307.  Duty  to  maintain  foreclosed property. 1. A plaintiff in a   mortgage foreclosure action who obtains a judgment  of  foreclosure  and   sale  pursuant  to  section  thirteen hundred fifty-one of this article,   involving residential real property,  as  defined  in  section  thirteen   hundred  five  of  this article, that is vacant, or becomes vacant after   the issuance of such judgment, or is  abandoned  by  the  mortgagor  but   occupied  by a tenant, as defined under section thirteen hundred five of   this article, shall maintain such property until such time as  ownership   has  been  transferred  through  the closing of title in foreclosure, or   other disposition,  and  the  deed  for  such  property  has  been  duly   recorded;  provided,  however,  that  if  a municipality or governmental   entity holds a mortgage subordinate to one  or  more  mortgages  on  the   residential real property, the municipality or governmental entity shall   not be subject to the requirements of this section.2.  Such  plaintiff  shall have the right to peaceably enter upon such   property, or to cause others to peaceably enter upon  the  property  for   the  limited purpose of inspections, repairs and maintenance as required   by this section, or as otherwise ordered by  court;  provided,  however,   that if the property is occupied by a tenant, at least seven days notice   must  be  given to such tenant, unless emergency repairs are required in   which case reasonable notice shall be provided to the tenant.3. The  municipality  in  which  such  residential  real  property  is   located, any tenant lawfully in possession, and a board of managers of a   condominium   in   which  the  premises  are  located  or  a  homeowners   association if said premises are subject to the rules and regulations of   such an association, shall have the right  to  enforce  the  obligations   described  in  this section in any court of competent jurisdiction after   at least seven days notice to the plaintiff in  the  foreclosure  action   unless  emergency  repairs  are  required. Any entity acting pursuant to   this subdivision shall have a cause of action in any court of  competent   jurisdiction  against the plaintiff in the foreclosure action to recover   costs incurred as a result of maintaining the  property.  The  authority   provided  by  this subdivision shall be in addition to, and shall not be   deemed to diminish or reduce, any rights of  the  parties  described  in   this  section  under existing law against the mortgagor of such property   for failure to maintain such property.4. In the event the mortgagor of the property commences  a  proceeding   in  bankruptcy  court  prior  to  the  completion  of the public auction   ordered in the judgment of sale, the  duties  created  by  this  section   shall  be  suspended during the pendency of the bankruptcy proceeding or   until such time as an order has been entered in that proceeding  lifting   or removing the automatic stay of the foreclosure sale.5.  For the purposes of this section "maintain" shall mean keeping the   subject property in a manner that is consistent with the  standards  set   forth  in the New York property maintenance code chapter 3 sections 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; provided, however,   that if the property is occupied by a tenant, then  such  property  must   also be maintained in a safe and habitable condition.6.  A  plaintiff shall be relieved of its responsibilities to maintain   the residential real property that  is  the  subject  of  a  foreclosure   action for the period that a receiver of such property is serving.7.  Nothing  contained  in  this section shall diminish in any way the   obligations pursuant to any state or local law of the mortgagor  of  the   property  or  a  receiver of rents and profits appointed in an action to   foreclose a mortgage to maintain the property prior to  the  closing  of   title pursuant to a foreclosure sale. 8.  This  section  shall  not  preempt,  reduce or limit any rights or   obligations  imposed  by  any  local  laws  with  respect  to   property   maintenance and the locality's ability to enforce those laws.