2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 19-B - Special Proceeding to Convey Title to Abandoned Commercial and Industrial Real Property to City, Town, or Village › 1981 - Certification of Abandonment.

* §  1981.  Certification of abandonment. 1. The department may make a
finding that a commercial or industrial real property is abandoned if:
(a) The owner of a commercial or industrial real property  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 commercial or  industrial  real  property  has
become  a  danger  to  life, health or safety as a result of the owner's
failure to assume its 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 shall not prevent the
department  from  making  a finding that a commercial or industrial real
property is abandoned; or
(b) In the case of a vacant commercial or industrial real property, 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  commercial  or  industrial  real
property; or
(ii)  The tax on such premises has been due and unpaid for a period of
at least one year; or
(iii) The property has had a zoning, building or property  maintenance
code  violation  that has the potential to injure or endanger the health
and safety of others or to unreasonably annoy others and that  has  been
continuously outstanding and not remediated for a period of at least one
year  from the date the original order to correct or notice of violation
was served upon the property  owner  pursuant  to  subdivision  four  of
section  three  hundred eight of the civil practice law and rules if the
owner is a natural person, or pursuant to  section  three  hundred  ten,
three  hundred  ten-a, three hundred eleven or three hundred eleven-a of
the civil practice law and rules if the owner is a partnership,  limited
partnership, corporation or limited liability company, respectively; or
(c)  In  the  case  of  a building for which an administrator has been
appointed:
(i) no motion for the termination of the judgment has been granted  by
the appointing court;
(ii) no mortgagee or lienor has commenced foreclosure proceedings; and
(iii) at least six months have passed since the granting of a judgment
appointing an administrator.
2.  When  the  department  finds  that a commercial or industrial real
property 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   commercial   or  industrial  real  property  in  a  prominent  and
conspicuous location, a notice that the real property has been found  to
be  abandoned and that it is a crime to take, remove or otherwise damage
any fixture or part of the property or any building or structure located
thereon.
* NB Repealed June 30, 2025