§ 1307. Duty to maintain foreclosed property. 1. A plaintiff who\ncommences a mortgage foreclosure action, including a lender, an assignee\nor a mortgage loan servicer, seeking a judgment of foreclosure and sale\npursuant to section thirteen hundred fifty-one of this article,\ninvolving residential real property, as defined in section thirteen\nhundred five of this article, that is vacant, or becomes vacant after\ncommencement of the action or the issuance of such judgment, or is\nabandoned by the mortgagor but occupied by a tenant, as defined under\nsection thirteen hundred five of this article, shall maintain such\nproperty until such time as ownership has been transferred through the\nclosing of title in foreclosure, or other disposition, and the deed for\nsuch property has been duly recorded; provided, however, that if a\nmunicipality or governmental entity holds a mortgage subordinate to one\nor more mortgages on the residential real property, the municipality or\ngovernmental entity shall not be subject to the requirements of this\nsection.\n 2. Such plaintiff shall have the right to peaceably enter upon such\nproperty, or to cause others to peaceably enter upon the property for\nthe limited purpose of inspections, repairs and maintenance as required\nby this section, or as otherwise ordered by court; provided, however,\nthat if the property is occupied by a tenant, at least seven days notice\nmust be given to such tenant, unless emergency repairs are required in\nwhich case reasonable notice shall be provided to the tenant.\n (a) A residential property is deemed vacant for the purposes of this\nsection if the residential property meets the definition of a "vacant\nand abandoned residential property" under section thirteen hundred nine\nof this article or there is an order or finding by a court of competent\njurisdiction or by the municipality in which the residential property is\nlocated that the property is vacant;\n (b) A residential property is deemed abandoned by the mortgagor if:\n(i) All owners of the residential property have indicated in writing\nthat they have abandoned all rights of possession to the residential\nproperty;\n (ii) There is an order or finding by a court of competent jurisdiction\nor by the municipality in which the residential property is located,\neither on the initiative of the court or municipality or in response to\na complaint filed with the court or municipality by a tenant in lawful\noccupancy, that the property was abandoned by the mortgagor; or\n (iii) The plaintiff receives a complaint from a tenant in lawful\noccupancy of the residential property indicating that the owner of the\nresidential property has ceased maintaining the property and:\n (1) The plaintiff posts a notice on the residential property that\nwould be reasonably visible to the owner of the property indicating that\nthe property is deemed abandoned and the owner must contact the\nplaintiff at a number listed on the notice if the owner still occupies\nor claims the right to occupy the property; and\n (2) The plaintiff has received no communication within one week of\nposting the notice of the owner's intention to occupy the property.\n (c) Such plaintiff shall have the right to peaceably enter upon such\nproperty, or to cause others to peaceably enter upon the property for\nthe limited purpose of inspections, repairs and maintenance as required\nby this section, or as otherwise ordered by court; provided, however,\nthat if the property is occupied by a tenant, at least seven days notice\nmust be given to such tenant, unless emergency repairs are required in\nwhich case reasonable notice shall be provided to the tenant.\n (d) Any plaintiff that enters a residential property without a good\nfaith basis for believing that the property is vacant or abandoned and\nwho does not comply with the requirements of paragraph (b) of this\nsubdivision shall be subject to a penalty of five hundred dollars that\nmay be sought
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