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Patricia Fahy

Sponsor · State Senator, District 46 · Democratic

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Senate bill · S2122 (2025-26)

Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property

Latest action Apr 27, 2026

Summary

Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property in an amount of up to $650 per day for each day such violation persists after the judgement of foreclosure has been issued.

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Where it stands

Passed one of the two chambers; it still needs the other.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Amends the Real Property Actions and Proceedings Law.

Committee

Housing, Construction And Community Development · New York State Senate

Also referred to Judiciary · New York State Assembly, Judiciary · New York State Senate.

Purpose, from the sponsor's memo

Authorizes municipalities and the department of financial services to seek civil penalties for violations of the duty to maintain a foreclosed property. This bill would extend the authority of the department of financial services and municipalities to prosecute zombie properties beyond judg- ment of foreclosure by amending Real Property Actions and Proceedings Law 1307 to include the same remedies available under Real Property Actions and Proceedings Law 1308; which allow the department of finan- cial services and municipalities to sue for $5001 per violation per day after a judgment of foreclosure has been issued.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Floor vote

    NY SenateApr 27, 2026Result: passed

    (58) (2) (0) (3)
  • Vote: Committee vote · Housing, Construction And Community Development

    Senate Housing, Construction And Community DevelopmentMar 18, 2026Result: passed

    (11) (0) (0) (0)
  • Vote: Floor vote

    NY SenateMay 21, 2025Result: passed

    (57) (2) (0) (3)
  • Vote: Committee vote · Housing, Construction And Community Development

    Senate Housing, Construction And Community DevelopmentMay 12, 2025Result: passed

    (11) (0) (0) (0)

The sponsor's argument

Why Patricia Fahy says this is needed

This bill allows for the Department of Financial Services ("DFS" or the "Department") and municipalities to undertake additional enforcement activities relating to zombie properties. Zombie properties are mort- gage-delinquent properties that the homeowner has abandoned, which typi- cally languish for years in a state of disrepair and neglect until the mortgagee completes the foreclosure process. Currently, the Department and municipalities are contained from initiat- ing action against mortgage lenders who fail to maintain a property to code after they are awarded a judgment of foreclosure. Properties may sit in limbo for years after a judgment is issued before being sold at auction, and the inability to prosecute zombie property law violations for this category of buildings allows these property owners to abdicate their responsibilities to the community. As a result, the Department has not prosecuted zombie properties in recent years and left enforcement of zombie property laws up to municipalities, many of which do not have the resources to pursue these cases. This bill broadens the window during the foreclosure process when these cases may be filed to include the period beyond when a judgment of fore- closure is issued.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Apr 27, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Apr 27, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  3. Apr 27, 2026

    Referred to committee

    REFERRED TO JUDICIARY

    NY Assembly

  4. Mar 23, 2026

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  5. Mar 19, 2026

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

Show full history (11 earlier events)
  1. Mar 18, 2026

    1ST Report CAL.575

    1ST REPORT CAL.575

    NY Senate

  2. Jan 7, 2026

    Died in Assembly

    DIED IN ASSEMBLY

    NY Assembly

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

    NY Senate

  4. May 22, 2025

    Referred to committee

    REFERRED TO JUDICIARY

    NY Assembly

  5. May 21, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  6. May 21, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  7. May 14, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  8. May 13, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  9. May 12, 2025

    1ST Report CAL.978

    1ST REPORT CAL.978

    NY Senate

  10. May 1, 2025

    Amend and Recommit to Housing, Construction and Community Development

    AMEND AND RECOMMIT TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

    NY Senate

  11. Jan 15, 2025

    Referred to committee

    REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Cosponsors

The list shows the cosponsors who are on Agora, A to Z. The official record may list more.

Party colors

Parties are shown in the same neutral colors.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 31, 2026. About our data

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