Bill Text: NY S05154 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits disclosure, under the freedom of information law, of information provided by mortgagees to the department of housing preservation and development of the city of New York relating to residential real property foreclosures.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05154 Detail]

Download: New_York-2013-S05154-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5154
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       AN  ACT  to  amend  the  administrative code of the city of New York, in
         relation to the disclosure of information provided in  the  notice  to
         the  department of housing preservation and development by a mortgagee
         commencing an action to recover residential real property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (a) of section 27-2109.1 of the administrative
    2  code of the city of New York, as added by local law number 4 of the city
    3  of New York for the year 2012, is amended and a  new  subdivision  d  is
    4  added to read as follows:
    5    [(a)]  A.  1.  Any  mortgagee  that  commences an action in a court of
    6  competent jurisdiction in the state of New York to foreclose a  mortgage
    7  on  residential  real property within the city of New York shall provide
    8  notice to the department, in a form prescribed by the department, within
    9  fifteen days of service of the pleadings commencing such action. If such
   10  action was commenced before the effective date of  the  local  law  that
   11  added  this  section,  and  remains  pending  as of such effective date,
   12  notification shall be provided within  thirty  days  of  such  effective
   13  date,  provided,  however,  that no notice shall be required for actions
   14  commenced prior to February 13, 2010, regardless of whether such  action
   15  remains  pending  as  of such effective date. Such notice shall include,
   16  but need not be limited to, the following information: (i) the  name  of
   17  the  mortgagee plaintiff commencing such action and the mailing address,
   18  telephone number and e-mail address of such  mortgagee  plaintiff,  and,
   19  when  applicable,  the  name of a principal or corporate officer of such
   20  mortgagee plaintiff, and  the  mailing  address,  telephone  number  and
   21  e-mail  address of such principal or corporate officer; (ii) the name of
   22  the defendant in such action; (iii) the identification of such  residen-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10671-01-3
       S. 5154                             2
    1  tial  real property by street address and block and lot number, (iv) the
    2  date of the commencement of such action, (v) the  court  in  which  such
    3  action  was commenced, and (vi) such other information as the department
    4  may require by rule. For the purposes of this section, "mortgagee" shall
    5  mean  any  person  that  commences  an action to foreclose a mortgage on
    6  residential real property including,  but  not  limited  to,  a  lender,
    7  assignee  or  mortgage  loan  service  provider  that  commences such an
    8  action.
    9    2. A mortgagee shall notify the department within fifteen days of  the
   10  discontinuance  of  an action for which notice pursuant to paragraph one
   11  of this subdivision has been received by the department, the issuance of
   12  a judgment in such action, or the sale of the real property as a  result
   13  of such action.
   14    3.  The department shall maintain on its website a list of all proper-
   15  ties with twenty or more units, identified by block and lot number along
   16  with the name, mailing address and telephone  number  of  the  mortgagee
   17  plaintiff  and  the  name  of the defendant for which notice pursuant to
   18  paragraph one of this subdivision has been received. Such list shall  be
   19  updated  at  a  minimum  on  the  first  business day of each month. The
   20  department shall report on its website each three months: (i) the  total
   21  number of foreclosure actions commenced during the immediately preceding
   22  three months for which notice pursuant to paragraph one of this subdivi-
   23  sion  has  been  received  by the department, disaggregated by community
   24  district; and (ii) the total number of foreclosure actions pending,  for
   25  which  notice pursuant to paragraphs one and two of this subdivision has
   26  been received by the department, disaggregated  by  community  district.
   27  The  department shall provide the information provided to it pursuant to
   28  paragraphs one and two of this subdivision to one or more  agencies  for
   29  which  the  department  determines  that  such information furthers such
   30  agency or agencies' duties, including but not limited to the enforcement
   31  of section 28-210.1 of this code or related provisions, and to any other
   32  city agency upon request by such agency.
   33    D. THE INFORMATION PROVIDED IN THE NOTICE SUBMITTED BY  THE  MORTGAGEE
   34  TO  THE  DEPARTMENT  PURSUANT  TO  THIS  SECTION SHALL NOT BE SUBJECT TO
   35  DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. ALL  SUCH
   36  INFORMATION SHALL BE USED BY THE DEPARTMENT EXCLUSIVELY FOR THE PURPOSES
   37  OF  MONITORING  THE  EXTENT OF RESIDENTIAL MORTGAGE FORECLOSURES AND THE
   38  PROPERTIES SUBJECT TO SUCH FORECLOSURES,  TO  PERFORM  ANALYSES  OF  THE
   39  INFORMATION SUBMITTED, AND DIRECTING AS APPROPRIATE AVAILABLE PUBLIC AND
   40  PRIVATE  FORECLOSURE  PREVENTION  AND  COUNSELING  SERVICES TO OWNERS OF
   41  RESIDENTIAL PROPERTIES THAT ARE THE SUBJECT OF  A  MORTGAGE  FORECLOSURE
   42  PROCEEDING.  THE DEPARTMENT MAY SHARE INFORMATION RECEIVED IN THE NOTICE
   43  OR NOTICES SUBMITTED BY THE MORTGAGEE WITH HOUSING  COUNSELING  AGENCIES
   44  DESIGNATED  BY  THE DIVISION OF HOUSING AND COMMUNITY RENEWAL AS WELL AS
   45  WITH OTHER CITY AGENCIES PURSUANT TO PARAGRAPH THREE OF SUBDIVISION A OF
   46  THIS SECTION.
   47    S 2. This act shall take effect immediately, and shall  be  deemed  to
   48  have been in full force and effect on and after June 15, 2012.