S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1182

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                   January 27, 2009
                                      ___________

       Introduced  by  Sens.  KLEIN,  DIAZ,  DILAN, DUANE, HUNTLEY, C. JOHNSON,
         KRUEGER, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER,  PERKINS,  SAMPSON,
         SAVINO,  SMITH,  STACHOWSKI,  STAVISKY,  THOMPSON  --  read  twice and
         ordered printed, and when printed to be committed to the Committee  on
         Judiciary

       AN  ACT  to amend the general obligations law, in relation to conditions
         on real property

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  general  obligations  law is amended by adding a new
    2  section 9-102 to read as follows:
    3    S 9-102. DUTY TO KEEP PROPERTY IN A MORTGAGE FORECLOSURE ACTION  IN  A
    4  SAFE AND HABITABLE CONDITION. WHERE A FINAL JUDGMENT FOR THE HOLDER OF A
    5  MORTGAGE HAS BEEN RENDERED IN AN ACTION TO RECOVER ANY PART OF THE MORT-
    6  GAGED  DEBT,  IT SHALL BE THE DUTY OF THE PREVAILING PARTY TO ENTER INTO
    7  CONTROL AND POSSESSION OF THE FORECLOSED PROPERTY AND TO MAINTAIN IT  IN
    8  A SAFE AND HABITABLE CONDITION UNTIL SAID PREMISES ARE SOLD, OCCUPIED BY
    9  A RENTER OR OTHERWISE LEGALLY DISPOSED OF. THE MUNICIPALITY IN WHICH THE
   10  PREMISES  ARE  LOCATED OR A HOMEOWNERS ASSOCIATION, IF SAID PREMISES ARE
   11  SUBJECT TO THE RULES AND REGULATIONS OF SUCH ASSOCIATION, SHALL HAVE THE
   12  RIGHT TO ENFORCE THE PROVISIONS OF THIS SECTION.
   13    S 2. This act shall take effect immediately.




        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05259-01-9