2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 19-A - Special Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village › 1972 - Notice.

§ 1972. Notice. 1. If the department proposes to institute proceedings
pursuant  to this article, it may file a copy of the certification and a
notice of intention to commence such proceedings in the  office  of  the
clerk  of the county in which the dwelling is located. Such notice shall
contain the names of all persons required to be served pursuant to  this
section  and shall otherwise meet the requirements of subdivision (b) of
section six thousand five hundred eleven of the civil practice  law  and
rules. The notice shall be indexed by the clerk in the manner prescribed
by  subdivision  (c)  of  section sixty-five hundred eleven of the civil
practice law and rules for a notice of pendency of action and shall have
the same effect as such notice. It shall expire one year  after  filing,
if  no proceeding pursuant to this article has been commenced. Except as
otherwise provided herein, all of the provisions of  article  sixty-five
of  the  civil  practice law and rules shall be applicable to the notice
filed pursuant to this article.
2. The department shall serve upon the owner of the dwelling,  a  copy
of  the certification. Service shall be made personally or by posting in
a conspicuous place upon the dwelling and mailing a copy  by  registered
or  certified  mail  to  the last known owner at such owner's last known
address. In the case of a dwelling subject to the provisions of  section
three hundred twenty-five of the multiple dwelling law, such mailing may
be made to the last registered owner at his last registered address. The
copy  of the certification shall be accompanied by a notice stating that
proceedings pursuant to this title may be instituted  unless  the  owner
notifies  the  department that the property has not been abandoned. Such
notification shall be made by a showing that the conditions  upon  which
the  findings  in such certification are based do not exist or have been
corrected. Such showing shall be made not later than thirty  days  after
the date of such notice.
3.  Within  five days of the service of notice on the owner, a copy of
the certification shall be served on each mortgagee, lienor  and  lessee
of  record, personally or by registered mail to the address set forth in
the recorded instrument or, if no address appears therein, to the person
at whose request the instrument was recorded. Such copy  shall,  in  the
case  of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice that
proceedings pursuant to  this  article  may  be  instituted  unless  the
mortgagee  or  lienor,  within  fifteen  days  of  such  mailing, either
commences proceedings to foreclose the mortgage or lien or  enters  into
an  agreement  with the department to bring the building into compliance
with the applicable provisions of law.
4. If the name or address of
(a) the last owner of record; or
(b) any owner, mortgagee, lienor, or  claimant  as  shown  on  records
maintained  by  any  city official required by any local law to maintain
records of persons entitled to notice or process in connection with  the
maintenance of in rem foreclosure actions;
(c)  the  person  listed  as  the  owner of the property on the latest
completed assessment roll,
is different from that referred to in subdivisions two and three of this
section, a copy of the notice to the owner, or to a mortgagee or lienor,
whichever is applicable, shall also be  sent  to  such  person  at  such
address by registered mail.