Update March 18,2022

Legislation has now been signed into law. To view the final text, please click here.

Following is the “Summary of Provisions” as provided in the Sponsor’s Memo.

This legislation amends the underlying chapter by establishing that
vacancy in shall apply the same definition provided in section 1309 of
the Real Property Actions and Proceedings Law.
This legislation adds three means by which a property may be deemed
abandoned, including; when all owners indicate abandonment in writing;
by court order or municipality order either from an initiation by the
court or in response to a tenant complaint that the owner has abandoned
the property; when a tenant on the property sends a complaint to the
foreclosing plaintiff indicating that the owner of the property has
stopped maintaining the property.

Further, the legislation establishes a penalty of $500 against plain-
tiffs who enter residential property without a good faith belief that
the property is vacant or abandoned. The penalty is paid to the
aggrieved owner and/or tenants of residential properties.

Introduced 01/11/2022, if enacted SB 7792 seeks to “define vacant and abandoned residential property in relation to mortgage foreclosure actions; (establishes plaintiffs in such matters shall maintain the subject property)”

To view the current version as introduced, please click here,