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New York Real Property Actions & Proceedings - Article 13 - § 1307 Duty to Maintain Foreclosed Property

Legal Research Home > New York Laws > New York Real Property Actions & Proceedings (RPA) > New York Real Property Actions & Proceedings - Article 13 - § 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.

Last modified: February 18, 2012