Recently at a press event, I joined City of Albany Mayor Kathy Sheehan, Senator Neil Breslin, Albany County Executive Daniel McCoy, New York State Conference of Mayors (NYCOM), Empire Justice Center, and local elected officials to call for the enactment of three bills that have passed both houses of the NYS Legislature that will help local officials address issues involving absentee landlords, provide protections for tenants in the eviction process, as well as addressing property neglect and abandonment.

The bills, A.10113 (McDonald)/S.9036 (Breslin) requiring a petition in a summary proceeding to recover possession of real property in Albany to allege proof of compliance with local laws requiring rental residential property registration and licensure, A.3241 (McDonald)/S.6721 (Ryan) relates to special proceedings for judgment directing deposit of rents and the use thereof to remedying conditions dangerous to life, health or safety, and A.5337A (McDonald)/S.9470 (Cooney) authorizes special proceedings to convey title to abandoned commercial and industrial property to a city, town, or village, have already passed the New York State Assembly and Senate and are awaiting delivery to the Executive. Enactment of these bills into law will enable local officials to better combat the property neglect and abandonment that inhibits healthy development and which costs taxpayers millions of dollars every year in lost property taxes and remediation expenses.

As a former Mayor, I understand the challenges that our localities face when working to ensure that safe housing conditions are maintained for tenants and in the course of addressing distressed and neglected properties that create blight in our neighborhoods. Keeping these challenges in mind, I have worked with my local government partners, Senate partners, and NYCOM in consultation with Empire Justice Center on these three bills that I believe will provide more tools in the toolbox for our local leaders to move properties into the hands of responsible ownership and delivers additional protections for tenants.

An explanation of each of the bills is below:

A10113/S9036 (Breslin) City of Albany ROP Eviction Bill

In the City of Albany, to rent a property to a tenant, the landlord must obtain a code inspection PRIOR to the rental of the unit. The approval of the rental results in a residential occupancy permit (ROP) granted by the City to the landlord. Unfortunately, although a requirement in the city code, the ROP is not always obtained which means technically the apartment is rented illegally and was not inspected prior to occupancy. This legislation requires that during eviction proceedings the landlord must provide a copy of the ROP in order for the eviction to move forward. No ROP means no advancement of the eviction until the inspection is done.

Landlords will be notified by the City of this provision if/when this is bill is signed into law in order to provide due time to secure an inspection.

This law will increase the number of inspections which as a former Mayor I support as the inspection establishes a baseline with the initial inspection, which is in the best interest of the tenant, landlord, and municipality.

The intent is to introduce legislation to enact this statewide next year for local governments to opt-in.

A3241/S6721 (Ryan) Receivership Bill

Currently in effect in NYC/Nassau/Suffolk/Rockland and Westchester Counties

Allows municipalities to petition the courts to place a residential dwelling in receivership. This will provide a mechanism to manage the property in the absence of the responsible landlord or agent. Rents are collected and deposited and used for the express purposes of remedying conditions dangerous to life, health, or safety. Intent is not to take over the dwelling in perpetuity but to prevent displacement of tenants from the property as the issue is due to inattention of landlord and not the tenants.

A5337/S9470 (Cooney) Vacant and Abandoned Commercial and Industrial Property Bill

Creates Article 19B of Real Property and Proceedings Law that builds off of A.4403 passed and signed into law in 2019 which dealt with addressing vacant and abandoned residential property.

The bill adds commercial and industrial properties to Article 19 and lays out a process that the local governments can follow to take title to the abandoned property.

The legislation also defines the proper inspection and notification process to ensure due process is provided.

Tax delinquent buildings with building or safety issues as well as zoning, housing, building, or property maintenance violations must also be present and carefully documented over a period of time.

Similar to the law passed in 2019 in regard to residential properties, this bill represents another tool in the shed to address blighted and abandoned properties that impact not only the building, but the neighborhood and the respective city, town or village. No individual should have to live next to a nuisance and the taxpayers and residents should not have to endure a lengthy process that can be years, if not decades in the process.

Abandoned properties such as this can lead to a lengthy and costly process not only with staff time, legal costs, drawn-out court proceedings, and other costs including demolition which inevitably is shouldered by the taxpayers. This legislation seeks to provide clarity and an improved process.