New YorkA 34702025-2026 Regular SessionHouseWALLET

Relates to notice to be provided prior to a foreclosure action by a homeowners' association

Sponsored By: Charles Lavine (Democratic)

Became Law

JUDICIARYCODESRULES

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Stronger HOA liens and foreclosures

Your HOA can place a lien for unpaid common charges by filing a lien notice with the recorder. The lien starts when filed and lasts until paid or for six years. If no lien is filed within 60 days after charges were due, any board member can file it. The board can foreclose like a mortgage and can also sue for a money judgment at the same time. If the by-laws allow, you must pay reasonable rent before the sale and a receiver can collect it. The board can bid at the sale and take title unless the by-laws forbid it.

90-day foreclosure notice to owners

Before filing an HOA or condo foreclosure for unpaid charges, the board must send a 90-day warning. The notice goes to the property and any other address on file. It must use at least 14-point type, name the property, and state the exact amount due. This applies to incorporated homeowners’ associations and condominium boards.

Proof of HOA lien payoff

When you pay all lien amounts and interest, you get a signed certificate showing the debt is paid. You can record it to clear your title.

Effective now for new cases

The law takes effect now. It applies to foreclosure and related actions that start on or after the enactment date.

Cities not liable for HOA dues

If a city or county takes a unit through tax enforcement, it is not liable for the HOA’s common charges while it owns the unit. It also does not owe rent payments for that period, except up to any rent it actually receives. The association cannot sue the municipality for those charges during that time.

Sponsors & Cosponsors

Sponsor

Charles Lavine
Democratic • House

Cosponsors

Rebecca Seawright
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 53 • No: 0

House vote • 6/6/2025

FLOOR Vote