N.Y. Real Property Actions & Proceedings Law § 1981: Certification of abandonment

* § 1981. Certification of abandonment. 1. The department may make a

finding that a commercial or industrial real property is abandoned if:

(a) The owner of a commercial or industrial real property has failed

for a period of at least three consecutive months either to collect rent

or to institute summary proceedings for nonpayment of rent, and the

department finds that the commercial or industrial real property has

become a danger to life, health or safety as a result of the owner's

failure to assume its responsibility for its condition. Such failure may

be shown by such facts as an owner's failure to provide services

including, but not limited to, the failure to make repairs, supply

janitorial service, purchase fuel or other needed supplies, or pay

utility bills. The appointment of an administrator shall not prevent the

department from making a finding that a commercial or industrial real

property is abandoned; or

(b) In the case of a vacant commercial or industrial real property, it

is not sealed or continuously guarded as required by law or it was

sealed or is continuously guarded by a person other than the owner, a

mortgagee, lienor or agent thereof, and either of the following facts

exists:

(i) A vacate order of the department or other governmental agency

currently prohibits occupancy of the commercial or industrial real

property; or

(ii) The tax on such premises has been due and unpaid for a period of

at least one year; or

(iii) The property has had a zoning, building or property maintenance

code violation that has the potential to injure or endanger the health

and safety of others or to unreasonably annoy others and that has been

continuously outstanding and not remediated for a period of at least one

year from the date the original order to correct or notice of violation

was served upon the property owner pursuant to subdivision four of

section three hundred eight of the civil practice law and rules if the

owner is a natural person, or pursuant to section three hundred ten,

three hundred ten-a, three hundred eleven or three hundred eleven-a of

the civil practice law and rules if the owner is a partnership, limited

partnership, corporation or limited liability company, respectively; or

(c) In the case of a building for which an administrator has been

appointed:

(i) no motion for the termination of the judgment has been granted by

the appointing court;

(ii) no mortgagee or lienor has commenced foreclosure proceedings; and

(iii) at least six months have passed since the granting of a judgment

appointing an administrator.

2. When the department finds that a commercial or industrial real

property is abandoned within the meaning of this article, it shall make

and file among its records a certification containing such finding and

the facts on which it is based. Further, it shall immediately affix to

the commercial or industrial real property in a prominent and

conspicuous location, a notice that the real property has been found to

be abandoned and that it is a crime to take, remove or otherwise damage

any fixture or part of the property or any building or structure located

thereon.

* NB Repealed June 30, 2028