New York Real Property Actions & Proceedings - Article 13 - § 1307 Duty to Maintain Foreclosed Property
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New York Laws > Real Property Actions and Proceedings > New York Real Property Actions & Proceedings - Article 13 - § 1307 Duty to Maintain Foreclosed Property
Real Property Actions and Proceedings
§ 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.
Section: Article 13 1301 1302 1303 1304 1305 1306 1307 1311 1312 1313 1315 1320 1321 1325
Last modified: February 16, 2014