New York § 1971 - 1971Certification of abandonment

§ 1971. 1971Certification of abandonment

§ 1971. Certification of abandonment. 1. The department may make a finding that a dwelling is abandoned if: (a) In the case of an occupied dwelling, the owner 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 dwelling has become a danger to life, health or safety as a result of the owner's failure to assume his 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 pursuant to article seven-A of this chapter shall not prevent the department from making a finding that a dwelling is abandoned; or (b) In the case of a vacant dwelling, 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 dwelling; or (ii) The tax on such premises has been due and unpaid for a period of at least one year; or (c) In the case of a building for which an administrator has been appointed pursuant to article seven-A of this chapter. (i) no motion for the termination of the judgment entered pursuant to article seven-A of this chapter 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 pursuant to article seven-A of this chapter. 2. When the department finds that a dwelling 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 dwelling in a prominent and conspicuous location, a notice that the building has been found to be an abandoned building and that it is a crime to take, remove or otherwise damage any fixture or part of the building structure.