2006 New York Code - Notice.



 
    § 1972. Notice. 1. If the department proposes to institute proceedings
  pursuant  to this article, it may file a copy of the certification and a
  notice of intention to commence such proceedings in the  office  of  the
  clerk  of the county in which the dwelling is located. Such notice shall
  contain the names of all persons required to be served pursuant to  this
  section  and shall otherwise meet the requirements of subdivision (b) of
  section six thousand five hundred eleven of the civil practice  law  and
  rules. The notice shall be indexed by the clerk in the manner prescribed
  by  subdivision  (c)  of  section sixty-five hundred eleven of the civil
  practice law and rules for a notice of pendency of action and shall have
  the same effect as such notice. It shall expire one year  after  filing,
  if  no proceeding pursuant to this article has been commenced. Except as
  otherwise provided herein, all of the provisions of  article  sixty-five
  of  the  civil  practice law and rules shall be applicable to the notice
  filed pursuant to this article.
    2. The department shall serve upon the owner of the dwelling,  a  copy
  of  the certification. Service shall be made personally or by posting in
  a conspicuous place upon the dwelling and mailing a copy  by  registered
  or  certified  mail  to  the last known owner at such owner's last known
  address. In the case of a dwelling subject to the provisions of  section
  three hundred twenty-five of the multiple dwelling law, such mailing may
  be made to the last registered owner at his last registered address. The
  copy  of the certification shall be accompanied by a notice stating that
  proceedings pursuant to this title may be instituted  unless  the  owner
  notifies  the  department that the property has not been abandoned. Such
  notification shall be made by a showing that the conditions  upon  which
  the  findings  in such certification are based do not exist or have been
  corrected. Such showing shall be made not later than thirty  days  after
  the date of such notice.
    3.  Within  five days of the service of notice on the owner, a copy of
  the certification shall be served on each mortgagee, lienor  and  lessee
  of  record, personally or by registered mail to the address set forth in
  the recorded instrument or, if no address appears therein, to the person
  at whose request the instrument was recorded. Such copy  shall,  in  the
  case  of  a  mortgagee  or  lienor,  be  accompanied  by  a  notice that
  proceedings pursuant to  this  article  may  be  instituted  unless  the
  mortgagee  or  lienor,  within  fifteen  days  of  such  mailing, either
  commences proceedings to foreclose the mortgage or lien or  enters  into
  an  agreement  with the department to bring the building into compliance
  with the applicable provisions of law.
    4. If the name or address of
    (a) the last owner of record; or
    (b) any owner, mortgagee, lienor, or  claimant  as  shown  on  records
  maintained  by  any  city official required by any local law to maintain
  records of persons entitled to notice or process in connection with  the
  maintenance of in rem foreclosure actions;
    (c)  the  person  listed  as  the  owner of the property on the latest
  completed assessment roll,
  is different from that referred to in subdivisions two and three of this
  section, a copy of the notice to the owner, or to a mortgagee or lienor,
  whichever is applicable, shall also be  sent  to  such  person  at  such
  address by registered mail.

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