New York Senate Bill 7792 was signed into law by the Governor on March 18, 2022. The bill adds additional criteria to the current law under RPAPL 1307 for determining whether properties can be deemed vacant or abandoned. The criteria, as amended, are:
- A court determines that the property is vacant, including in response to a lawful tenant’s filed complaint
- The municipality in which the property is located deems the property vacant, including in response to a lawful tenant’s filed complaint
- All owners have indicated in writing that they have abandoned all rights to the property
- A lawful tenant of the property has filed a complaint with the plaintiff in a mortgage foreclosure action, alleging that the owner is no longer maintaining the property, and
- The plaintiff posts a reasonably visible notice at the property advising that the property has been deemed abandoned and that the owner must contact the plaintiff at the number on the notice, indicating that the owner still occupies or claims the right to occupy the property, and
- The owner does not contact the plaintiff within one week of the posting
Once the property has been deemed vacant or abandoned, the plaintiff has the right to enter the property to perform inspections, repairs, and other maintenance work as needed. If the property is occupied by a tenant, at least a 7 day notice is required to the tenant advising when repairs will be made. If emergency repairs are required, reasonable notice to the tenant is required. If any of the above criteria is not met, and a plaintiff enters a property, a financial penalty may be incurred, to be paid the owner or tenant of a property.
