N.Y. Real Property Actions and 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:
Terms Used In N.Y. Real Property Actions and Proceedings Law 1981
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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 § 308 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, 2025