N.Y. Real Property Actions & Proceedings Law § 1310: Vacant and abandoned property; statewide vacant and abandoned property electronic registry

§ 1310. Vacant and abandoned property; statewide vacant and abandoned

property electronic registry. 1. The department of financial services

shall maintain a statewide vacant and abandoned property registry in the

form of an electronic database. The department of financial services

may, in accordance with the applicable provisions of the state finance

law, retain a private contractor to administer such database for the

purposes of satisfying this requirement. The information provided to the

department of financial services pursuant to this section shall be

deemed and treated confidential, provided however, the superintendent of

financial services, in her or his sole discretion, may release the

information if it is in the best interest of the public. Any such

released information shall continue to be treated confidentially by the

parties. The department of financial services shall, upon written

request, provide public officials of any state district, county, city,

town or village with access to information specific to such public

official's district, county, city, town or village maintained on such

database to further the purposes of this section, section thirteen

hundred seven of this article or article nineteen-A of this chapter, or

any other related law, code, rule, regulation or ordinance.

2. A lender, assignee or mortgage loan servicer shall submit or cause

to be submitted to the department of financial services information

required by the superintendent of financial services about any vacant

and abandoned residential real property, as that term is defined in

subdivision two of section thirteen hundred nine of this article, or as

the superintendent of financial services may otherwise define that term,

within twenty-one business days of when the lender, assignee or mortgage

loan servicer learns, or should have learned, that such property is

vacant and abandoned. Such information shall, at a minimum, include: (a)

the current name, address and contact information for the lender,

assignee or mortgage loan servicer responsible for maintaining the

vacant property; (b) whether a foreclosure action has been filed for the

property in question, and, if so, the date on which the foreclosure

action was commenced; and (c) the last known address and contact

information for the mortgagor(s) of record.

3. Where any of the information contained in a lender's, assignee's or

mortgage loan servicer's initial submission to the registry has

materially changed since such submission, such lender, assignee or

mortgage loan servicer shall make an amended submission to the registry

not later than thirty days after the lender, assignee or mortgage loan

servicer learns, or reasonably should have learned, of the new or

changed information.

4. The department of financial services is authorized and empowered to

adopt such rules and regulations as may in the judgment of the

superintendent of financial services necessary for the effective

administration and operation of such registry, including but not limited

to rules and regulations governing access to the registry and specifying

the manner and frequency of registration and the information that must

be provided. The superintendent of financial services may amend such

regulations from time to time as necessary to effectuate the purpose of

this section and section thirteen hundred seven of this article.

5. The department of financial services shall establish and maintain a

toll-free hotline that neighbors of real property that is, or appears to

be, vacant and abandoned residential real property, as such term is

defined in subdivision two of section thirteen hundred nine of this

article, and other community residents can use to report to the

superintendent of financial services any hazards, blight or other

concerns related to such property. The department of financial services

shall include on its official public website information about such

toll-free hotline.

No local law, ordinance, or resolution shall impose a duty to register

vacant and abandoned property as defined in section thirteen hundred

nine of the article in a manner inconsistent with the provisions of this

section that are related to registration as provided under section

thirteen hundred ten of this article or establish related penalties or

other monetary obligation, with respect to a state or federally

chartered bank, savings bank, savings and loan association or credit

union that originates, owns, services or maintains a mortgage related to

such property.

No local law, ordinance, or resolution shall impose a duty to maintain

vacant and abandoned property upon any state or federally chartered

bank, savings bank, savings and loan association or credit union that

originates, owns, services or maintains a mortgage related to such

property for which the provisions of this section, pursuant to the

opening paragraph of section thirteen hundred eight of this article, do

not apply.