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New York · Through 2026-09-11

N.Y. Real Property Actions & Proceedings Law § 1972: Notice

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Where this section sits in the code
  1. Real Property Actions & Proceedings Law
  2. Article 19-A. Special Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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