2023 New York Laws › RPT - Real Property Tax › Article 11 - Procedures for Enforcement of Collection of Delinquent Taxes › Title 2 - Redemption › 1111-A - Expedited Foreclosure Proceedings for Vacant and Abandoned Residential Real Property.

§  1111-a.  Expedited foreclosure proceedings for vacant and abandoned
residential real property. 1. Finding  of  vacancy  and  abandonment  by
affidavit. Except in cities with a population of one million or more, an
enforcing  officer  or his or her agent may determine that a residential
real property is vacant and abandoned under this section. Such  property
may be subject to a redemption period of one year, only if the enforcing
officer  or  his  or her agent makes an affidavit to that effect and the
property has been placed on a local municipal roll, registry or list  of
vacant and abandoned property maintained by the taxing municipality.
2.  Enforcing  officer.  (a)  For  purposes of this section "enforcing
officer" shall mean the person employed by the municipality  to  enforce
state and local land use regulations such as the New York State Property
Maintenance  Code  or the New York State Uniform and Fire Prevention and
Building Code, or his or her agent.
(b) The enforcing officer or his or her agent must  conduct  at  least
three  consecutive  inspections of residential real property believed to
be vacant and abandoned, with each inspection occurring at least  thirty
days apart and at different times of the day. The enforcing officer must
include in his or her affidavit the dates and times of inspections and a
statement that each inspection reasonably indicated that no occupant was
present  and  that there was no evidence of occupancy on the property to
indicate that any persons were residing there.
(c)(1) For purposes of this subdivision, the "evidence of abandonment"
that the enforcing officer or his or her  agent  considers  during  such
consecutive  inspections  shall include but not be limited to any of the
following  conditions:  (i)  overgrown  or  dead  vegetation;  (ii)   an
accumulation  of  newspapers,  circulars, flyers or mail; (iii) past due
utility notices, disconnected utilities, or utilities not in  use;  (iv)
an  accumulation  of  trash  refuse  or other debris; (v) the absence of
window coverings such as curtains, blinds, or shutters; (vi) one or more
boarded, missing or broken windows; (vii) that the property is  open  to
casual  entry or trespass; or (viii) that the property has a building or
structure that is or appears  structurally  unsound  or  has  any  other
condition  that  presents  a potential hazard or danger to the safety of
persons. At least three separate reasonable indications  of  abandonment
are required for a determination of abandonment by the enforcing officer
or  his  or  her  agent  observed  on  each  of  his  or her consecutive
inspections made pursuant  to  paragraph  (b)  of  this  subdivision.  A
listing  of all indications relied on shall be included in the affidavit
along with the dates and times observed.
(2) Residential real  property  shall  not  be  deemed  vacant  and/or
abandoned  where  such  property is: (i) an unoccupied building which is
undergoing construction, renovation or rehabilitation that is proceeding
to completion, and the building is in  compliance  with  all  applicable
ordinances, codes, regulations and statutes; (ii) a building occupied on
a  seasonal  basis;  (iii)  a  building that is the subject of a probate
action, action to quiet title, or other similar ownership dispute;  (iv)
a  building damaged by a natural disaster and one or more owners intends
to repair and reoccupy the property; or (v) occupied by the taxpayer,  a
relative of the taxpayer or a tenant lawfully in possession.
(d)  The affidavit required by this subdivision shall include language
indicating the enforcing officer or his or  her  agent  in  his  or  her
professional  opinion  has  made  a  determination  that the property is
vacant and abandoned.
3. Notice. (a) The affidavit described  in  subdivision  two  of  this
section  shall  be  served  on  the property owner or owners pursuant to
section three hundred eight of the civil practice law and  rules  within
one week of having the enforcing officer's signature affixed to it.
(b)  The  affidavit  and copies of all attached pictures, exhibits and
other supporting documentation shall be filed  with  the  clerk  of  the
town,  village, or city in which the real property is located within one
week of having the enforcing officer's or his or her  agent's  signature
affixed to it.
4.  Municipal  roll  of  vacant and abandoned property. (a) All taxing
localities may maintain a roll of vacant and abandoned properties.  Such
roll  must include the tax identification number of the lot, the name or
names of known legal owners of the property, the date of the finding  of
vacant  and  abandonment  pursuant to the enforcing officer's affidavit,
and any other information the municipality deems necessary.
(b) The  roll  of  vacant  and  abandoned  properties  shall  be  made
available to the public.
(c)  Upon  the placement of any property or lot on the roll, the clerk
of the town, village or city in which the real property is located shall
serve notice on the property owner or owners, pursuant to section  three
hundred eight of the civil practice law and rules, that the property has
been  placed  on  the  roll and the property may be subject to a reduced
redemption period of one year if delinquent taxes become owing.
(d) For purposes of this section  the  term  "roll"  shall  include  a
registry or list of vacant and abandoned property.
5.  Any  person  or persons, jointly or severably aggrieved under this
section may apply to the supreme court for review  by  proceeding  under
article  seventy-eight  of  the  civil  practice  law  and  rules.  Such
proceeding must be instituted within four months of service of notice on
the property owner.