Connecticut 2019 Regular Session Status: Enacted 5 D cosponsors

SB 1070 — AN ACT CONCERNING ABANDONED AND BLIGHTED PROPERTY RECEIVERSHIP.

Last action — SIGNED BY GOVERNOR

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 13, 2019. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    20 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

516 added · 508 removed

516 line(s) added, 508 removed.

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General Assembly Raised Bill No.
General Assembly Substitute Bill No.
1070 January Session, 2019 LCO No.
1070 January Session, 2019 AN ACT CONCERNING ABANDONED AND BLIGHTED PROPERTY STEWARDSHIP.
5944 Referred to Committee on PLANNING AND DEVELOPMENT Introduced by:
(PD) AN ACT CONCERNING ABANDONED AND BLIGHTED PROPERTY CONSERVATORSHIP.
(NEW) (Effective from passage) (a) As used in this section:
(NEW) (Effective January 1, 2020) (a) As used in this section:
(3) "Building" means a residential, commercial or industrial structure and the land appurtenant to such structure, including any LCO No.
(3) "Building" means a residential, commercial or industrial structure and the land appurtenant to such structure, including any vacant lot on which such structure was demolished;
5944 1 of 16 Raised Bill No.1070 vacant lot on which such structure was demolished;
(4) "Municipal code" means any building, housing, blight, property LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01070-R1 of 16 SB.docx Substitute Bill No.
(4) "Municipal code" means any building, housing, blight, property maintenance, fire, health or other public safety ordinance enacted by a municipality;
1070 maintenance, fire, health or other public safety ordinance enacted by a municipality;
(6) "Costs of rehabilitation" means each expense for construction, stabilization, restoration, maintenance, operation or demolition of a building, or any action reasonably associated with the rehabilitation of a building, including, but not limited to, environmental remediation and architectural, engineering, legal, financing, permit and conservator's or developer's fees;
(6) "Costs of rehabilitation" means each expense for construction, stabilization, restoration, maintenance, operation or demolition of a building, or any action reasonably associated with the rehabilitation of a building, including, but not limited to, environmental remediation and architectural, engineering, legal, financing, permit and steward's or developer's fees;
(11) "Owner" means the holder or holders of title to, or of legal or equitable interest in, a building, and shall include, provided any such LCO No.
(11) "Owner" means the holder or holders of title to, or of legal or equitable interest in, a building, and shall include, provided any such interest is a matter of public record, any heir, assignee, trustee, beneficiary or lessee of such building;
5944 2 of 16 Raised Bill No.1070 interest is a matter of public record, any heir, assignee, trustee, beneficiary or lessee of such building;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0102 of 16 R02-SB.docx } Substitute Bill No.
(12) "Party in interest" means any person or entity with a direct and immediate interest in a building, including (A) an owner of such building, (B) a lienholder or other secured creditor of such an owner, (C) a resident of or business owner in the municipality in which such building is located, provided such resident's residence or such owner's business is located less than two thousand feet from such building, (D) a development organization (i) in the municipality in which such building is located, and (ii) that has participated in a project in line with such organization's purpose within a five-mile radius of such building, or (E) the municipality or school district in which such building is located;
1070 (12) "Party in interest" means any person or entity with a direct and immediate interest in a building, including (A) an owner of such building, (B) a lienholder or other secured creditor of such an owner, (C) a resident of or business owner in the municipality in which such building is located, provided such resident's residence or such owner's business is located less than two thousand feet from such building, (D) a development organization (i) in the municipality in which such building is located, and (ii) that has participated in a project in line with such organization's purpose within a five-mile radius of such building, or (E) the municipality or school district in which such building is located;
(13) "Substantial rehabilitation" means (A) the costs of any repair, replacement or improvement to a building exceed fifteen per cent of the value of such building after the completion of all such repairs, replacements or improvements, or (B) the replacement of two or more of the following:
and (13) "Substantial rehabilitation" means (A) the costs of any repair, replacement or improvement to a building exceed fifteen per cent of the value of such building after the completion of all such repairs, replacements or improvements, or (B) the replacement of two or more of the following:
(b) (1) A party in interest may file a petition for the appointment of a conservator to take possession and undertake rehabilitation of a building, which petition shall be filed in the superior court for the judicial district in which such building is located.
(b) (1) A party in interest may file a petition for the appointment of a steward to take possession and undertake rehabilitation of a building, which petition shall be filed in the superior court for the judicial district in which such building is located.
Such petition shall also include, to the extent available to such petitioner after his or her reasonable efforts to obtain the following information, (i) a copy of any citation or order charging the owner of such building with being in violation of municipal code LCO No.
Such petition shall also include, to the extent available to such petitioner after his or her reasonable efforts to obtain the following information, (i) a copy of any citation or order charging the owner of such building with being in violation of municipal code requirements or determining such building to be a public nuisance, blighted or unfit for human occupancy or use, (ii) a recommendation for appointment as steward for such building, (iii) a preliminary plan LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01073 of 16 R02-SB.docx } Substitute Bill No.
5944 3 of 16 Raised Bill No.
1070 detailing (I) initial cost estimates of rehabilitation of such building for purposes of compliance with the applicable municipal code and plan for the area adopted by the municipality in which such building is located, and (II) anticipated funding sources, and (iv) a schedule of each mortgage, lien or other encumbrance on such building.
1070 requirements or determining such building to be a public nuisance, blighted or unfit for human occupancy or use, (ii) a recommendation for appointment as conservator of such building, (iii) a preliminary plan detailing (I) initial cost estimates of rehabilitation of such building for purposes of compliance with the applicable municipal code and plan for the area adopted by the municipality in which such building is located, and (II) anticipated funding sources, and (iv) a schedule of each mortgage, lien or other encumbrance on such building.
Any other party in LCO No.
Any other party in interest may seek permission of such court to intervene in such action and be heard with respect to such petition, the relief requested in such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-010704 of 16 R02-SB.docx } Substitute Bill No.
5944 4 of 16 Raised Bill No.1070 interest may seek permission of such court to intervene in such action and be heard with respect to such petition, the relief requested in such petition or any other matter that may come before such court in connection with such petition.
1070 petition or any other matter that may come before such court in connection with such petition.
(2) Such court may appoint a conservator for such building if, as of the filing of such petition, each of the following conditions apply:
(2) Such court may appoint a steward for such building if, as of the filing of such petition, each of the following conditions apply:
(i) Such building is a public nuisance, blighted or unfit for human LCO No.
(i) Such building is a public nuisance, blighted or unfit for human occupancy or use pursuant to the applicable municipal code;
5944 5 of 16 Raised Bill No.1070 occupancy or use pursuant to the applicable municipal code;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0105 of 16 R02-SB.docx } Substitute Bill No.
(ii) Such building requires substantial rehabilitation, and no effort to rehabilitate such building has been taken during the twelve months immediately preceding such filing;
1070 (ii) Such building requires substantial rehabilitation, and no effort to rehabilitate such building has been made during the twelve months immediately preceding such filing;
(3) (A) Except as provided in subdivision (4) of this subsection, if such court determines that such building is an abandoned property and appoints a conservator pursuant to subdivision (2) of this subsection, such court shall certify the schedule of each mortgage, lien LCO No.
(3) (A) Except as provided in subdivision (4) of this subsection, if such court determines that such building is an abandoned property and appoints a steward pursuant to subdivision (2) of this subsection, such court shall certify the schedule of each mortgage, lien or other encumbrance on such abandoned property and may grant other relief LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0106 of 16 R02-SB.docx } Substitute Bill No.
5944 6 of 16 Raised Bill No.1070 or other encumbrance on such abandoned property and may grant other relief as such court deems just and appropriate.
1070 as such court deems just and appropriate.
(B) Such court shall give the most senior nongovernmental lienholder of record on such abandoned property first consideration for appointment as conservator.
(B) Such court shall give the most senior nongovernmental lienholder of record on such abandoned property first consideration for appointment as steward.
(C) If such lienholder is found not competent, declines such appointment or did not intervene in such action, such court may appoint a development organization or other competent entity as conservator, which organization or entity agrees to serve as such.
(C) If such lienholder is found not competent, declines such appointment or did not intervene in such action, such court may appoint a development organization or other competent entity as steward, which organization or entity agrees to serve as such.
In appointing a conservator pursuant to this subparagraph, such court shall (i) consider any recommendation contained in such petition or otherwise presented by such petitioner or other party in interest, and (ii) give preference to a development organization or governmental unit over an individual.
In appointing a steward pursuant to this subparagraph, such court shall (i) consider any recommendation contained in such petition or otherwise presented by such petitioner or other party in interest, and (ii) give preference to a development organization or governmental unit over an individual.
(4) If such court determines that such building is an abandoned property and such owner represents that the conditions described in subdivision (2) of this subsection will be remedied in a reasonable period, such court may permit such owner to remedy such conditions by issuing an order that if such conditions are not remedied by the date set forth in such order, or if other specified remedial efforts have not occurred by date or dates set forth in such order, the relief requested in such petition shall be granted.
(4) If such court determines that such building is an abandoned property and such owner represents that the conditions described in subdivision (2) of this subsection will be remedied in a reasonable period, such court may permit such owner to remedy such conditions by issuing an order that if such conditions are not remedied by the date set forth in such order, or if other specified remedial efforts have not occurred by the date or dates set forth in such order, the relief requested in such petition shall be granted.
(5) Upon a finding that such building is an abandoned property in accordance with subdivision (3) or (4) of this subsection, or that such owner is electing to sell such building, such owner shall reimburse such petitioner for (A) all costs incurred in the preparation and filing LCO No.
(5) Upon a finding that such building is an abandoned property in accordance with subdivision (3) or (4) of this subsection, or that such owner is electing to sell such building, such owner shall reimburse such petitioner for (A) all costs incurred in the preparation and filing of such petition, and (B) a steward's or developer's fee, which fee shall LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0107 of 16 R02-SB.docx } Substitute Bill No.
5944 7 of 16 Raised Bill No.1070 of such petition, and (B) a conservator's or developer's fee, which fee shall be the greatest of (i) two thousand five hundred dollars, or such amount adjusted upward by two per cent for each year of conservatorship, (ii) an amount equal to the costs of rehabilitation as described in such conservator's or court-approved plan, adjusted upward by twenty per cent, or (iii) twenty per cent of the sale price of such building.
1070 be the greatest of (i) two thousand five hundred dollars, or such amount adjusted upward by two per cent for each year of stewardship, (ii) an amount equal to the costs of rehabilitation as described in the plan approved by such court under subdivision (3) of subsection (d) of this section, adjusted upward by twenty per cent, or (iii) twenty per cent of the sale price of such building.
(6) Such conservator (A) shall promptly take possession of the abandoned property and exercise the powers described in subsection (d) of this section, and (B) may file a lien against such abandoned property in an amount based on the costs incurred during the conservatorship, including, but not limited to, costs of rehabilitation, attorneys' fees and court costs, which amount may be adjusted as necessary.
(6) Such steward (A) shall promptly take possession of such abandoned property and exercise the powers described in subsection (d) of this section, and (B) may file a lien against such abandoned property in an amount based on the costs incurred during the stewardship, including, but not limited to, costs of rehabilitation, attorneys' fees and court costs, which amount may be adjusted as necessary.
(7) Such court may remove such conservator at any time upon request of such conservator or showing by such petitioner or any party in action that such conservator is not carrying out the duties described in subsection (d) of this section.
(7) Such court may remove such steward at any time upon request of such steward or showing by such petitioner or any party to such action that such steward is not carrying out the duties described in subsection (d) of this section.
(d) (1) A conservator appointed pursuant to this section shall have all powers necessary and appropriate for the efficient operation, management and improvement of such abandoned property in order to bring the same into compliance with municipal code requirements and fulfill all duties described in this subsection.
(d) (1) A steward appointed pursuant to this section shall have all powers necessary and appropriate for the efficient operation, management and improvement of such abandoned property in order to bring the same into compliance with municipal code requirements and fulfill all duties described in this subsection.
(C) Pursuing all claims or causes of action on such owner with respect to the property described in subparagraph (A) of this LCO No.
(C) Pursuing all claims or causes of action of such owner with respect to the property described in subparagraph (A) of this subdivision;
5944 8 of 16 Raised Bill No.1070 subdivision;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0108 of 16 R02-SB.docx } Substitute Bill No.
(D) Contracting for the repair and maintenance of such abandoned property, provided such conservator shall make a reasonable effort to solicit three bids for any contract valued at more than twenty-five thousand dollars unless such contractor or developer provides or obtains financing for the conservatorship, and each of which contract shall be appropriately documented and included in the reports and accounting required to be submitted or filed by such conservator pursuant to this section;
1070 (D) Contracting for the repair and maintenance of such abandoned property, provided such steward shall make a reasonable effort to solicit three bids for any contract valued at more than twenty-five thousand dollars unless such contractor or developer provides or obtains financing for the stewardship, and each of which contract shall be appropriately documented and included in the reports and accounting required to be submitted or filed by such steward pursuant to this section;
(G) Purchasing materials, goods and supplies to accomplish repairs and operate such abandoned property;
(G) Purchasing materials, goods and supplies to repair and operate such abandoned property;
(J) Engaging and paying legal, accounting, appraisal and other professionals to assist such conservator in such conservatorship;
(J) Engaging and paying legal, accounting, appraisal and other professionals to assist such steward in such stewardship;
(K) If such building was designated an historic property prior to determination as an abandoned property, consulting with such municipality's historical commission or board of historical and architectural review, or a local historic preservation organization, for any recommendation on preserving the historic character of such abandoned property;
(K) If such building was designated an historic property prior to determination by such court as an abandoned property, consulting with such municipality's historical commission or board of historical and architectural review, or a local historic preservation organization, for any recommendation on preserving the historic character of such abandoned property;
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LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0109 of 16 R02-SB.docx } Substitute Bill No.
5944 9 of 16 Raised Bill No.1070 (M) Selling the building in accordance with subsection (g) of this section;
1070 (M) Selling the building in accordance with subsection (g) of this section;
(2) While in possession and control of such abandoned property, such conservator shall:
(2) While in possession and control of such abandoned property, such steward shall:
(C) Develop a final plan for abatement of the conditions described in subdivision (2) of subsection (c) of this section or, if no such plan can feasibly be developed, a final plan for alternatives such as the closing, sealing or demolition of all or part of such abandoned property, provided (i) if such building was designated an historic property prior to determination as an abandoned property, such final plan for abatement shall provide for the rehabilitation of architectural features that define the historic character of such property, and (ii) if demolition of an abandoned property located in an historic district is necessary, such final plan for alternatives shall provide for the design of any replacement construction on the site of such demolition to comply with law;
(C) Develop a final plan for abatement of the conditions described in subdivision (2) of subsection (c) of this section or, if no such plan can feasibly be developed, a final plan for alternatives such as the closing, sealing or demolition of all or part of such abandoned property, provided (i) if such building was designated an historic property prior to determination by such court as an abandoned property, such final plan for abatement shall provide for the rehabilitation of architectural features that define the historic character of such property, and (ii) if demolition of an abandoned property located in an historic district is necessary, such final plan for alternatives shall provide for the design of any replacement construction on the site of such demolition to comply with law;
and (E) Annually, or more frequently if such court deems appropriate, submit a status report to such court and each party to such action, which report shall include (i) a copy of any contract entered into by such conservator regarding the rehabilitation of such abandoned property, (ii) an account of the disposition of all revenue generated LCO No.
and (E) Annually, or more frequently if such court deems appropriate, submit a status report to such court and each party to such action, which report shall include (i) a copy of any contract entered into by such steward regarding the rehabilitation of such abandoned property, (ii) an account of the disposition of all revenue generated from such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01010 of 16 R02-SB.docx } Substitute Bill No.
5944 10 of 16 Raised Bill No.1070 from such property, (iii) an account of all expenses, repairs and improvements, (iv) the status of developing and implementing the final plan described in subparagraph (C) of this subdivision, and (v) a description of any proposed action to be taken in the next six months to rehabilitate such property.
1070 property, (iii) an account of all expenses, repairs and improvements, (iv) the status of developing and implementing the final plan described in subparagraph (C) of this subdivision, and (v) a description of any proposed action to be taken in the next six months to rehabilitate such property.
(3) (A) At the time such court appoints a conservator pursuant to subdivision (2) of subsection (c) of this section, such conservator may present for such court's approval a final plan described in subparagraph (C) of subdivision (2) of this subsection.
(3) (A) At the time such court appoints a steward pursuant to subdivision (2) of subsection (c) of this section, such steward may present for such court's approval a final plan described in subparagraph (C) of subdivision (2) of this subsection.
If no such plan is presented at such time, the hearing date on such plan shall be set not later than one hundred twenty days after such appointment and such conservator shall submit such plan to such court and each party to such action not later than thirty days prior to such hearing.
If no such plan is presented at such time, the hearing date on such plan shall be set not later than one hundred twenty days after such appointment and such steward shall submit such plan to such court and each party to such action not later than thirty days prior to such hearing.
(B) Such plan shall (i) include a cost estimate, a financing plan and either (I) a description of the rehabilitation to be done for the abandoned property, or (II) if such rehabilitation is not feasible, a proposal for the closing, sealing or demolition of such property, and (ii) conform with the applicable municipal code, plan for the area adopted by the municipality in which such building is located and historic preservation requirements.
(B) Such plan shall (i) include a cost estimate, a financing plan and either (I) a description of the rehabilitation to be done for such abandoned property, or (II) if such rehabilitation is not feasible, a proposal for the closing, sealing or demolition of such property, and (ii) conform with the applicable municipal code, plan for the area adopted by the municipality in which such building is located and historic preservation requirements.
In making its determination for approving such plan, the costs of such conservatorship or sale of such abandoned property, such court shall give reasonable regard to such conservator's assessment of the scope and necessity of work to be done for rehabilitation or demolition, as applicable, of such property.
In making its determination for approving such plan, the costs of such stewardship or sale of such abandoned property, such court shall give reasonable regard to such steward's assessment of the scope and necessity of work to be done for rehabilitation or demolition, as applicable, of such property.
LCO No.
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0111 of 16 R02-SB.docx } Substitute Bill No.
5944 11 of 16 Raised Bill No.1070 (4) Upon complete implementation of such final plan approved by such court, such conservator shall file with such court a full accounting of all income and expenditures during the time from approval of such plan to such complete implementation.
1070 (4) Upon complete implementation of such final plan approved by such court, such steward shall file with such court a full accounting of all income and expenditures during the time from approval of such plan to such complete implementation.
(e) (1) Such conservator appointed pursuant to subdivision (2) of subsection (c) of this section shall be deemed to have an ownership interest in and legal control of such abandoned property for the purposes of filing plans with any public agency or board, seeking or obtaining construction permits or other approvals and submitting applications for financing or other assistance to public or private entities.
(e) (1) Such steward appointed pursuant to subdivision (2) of subsection (c) of this section shall be deemed to have an ownership interest in and legal control of such abandoned property for the purposes of filing plans with any public agency or board, seeking or obtaining construction permits or other approvals and submitting applications for financing or other assistance to public or private entities.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, nothing in this section shall be construed to relieve the owner of a building that has been determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section of any civil or criminal liability or of any obligation to pay any tax, municipal lien or charge, mortgage, private lien or other fee or charge incurred before or after the appointment of such conservator, and no such liability shall transfer to such conservator.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, nothing in this section shall be construed to relieve the owner of a building that has been determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section of any civil or criminal liability or of any obligation to pay any tax, municipal lien or charge, mortgage, private lien or other fee or charge incurred before or after the appointment of such steward, and no such liability shall transfer to such steward.
(3) Notwithstanding any provision of the general statutes, such conservator shall not be liable for any environmental damage to a building that has been determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section, which environmental damage existed prior to such determination and the appointment of such conservator, and the owner of such building shall be held liable for such environmental damage.
(3) Notwithstanding any provision of the general statutes, such steward shall not be liable for any environmental damage to a building that has been determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section, which environmental damage existed prior to such determination and the appointment of such steward.
(f) (1) Such conservator may borrow money or incur indebtedness in order to cover the costs of rehabilitation or otherwise fulfill any duty described in subsection (d) of this section.
The owner of such building shall be held liable for such environmental damage.
(2) For the purpose of facilitating the borrowing of moneys for the costs of rehabilitation, such court may grant priority status to a lien given to secure payment on a debt incurred for the purposes LCO No.
(f) (1) Such steward may borrow money or incur indebtedness in order to cover the costs of rehabilitation or otherwise fulfill any duty described in subsection (d) of this section.
5944 12 of 16 Raised Bill No.1070 authorized under this section, provided (A) such conservator sought to obtain the necessary financing from the most senior, nongovernmental lienholder and such lienholder declined to provide financing on reasonable terms for any reasonable improvement or other costs of rehabilitation, and (B) lien priority is necessary to induce another lender to provide financing on reasonable terms.
(2) For the purpose of facilitating the borrowing of moneys for the costs of rehabilitation, such court may grant priority status to a lien LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0112 of 16 R02-SB.docx } Substitute Bill No.
1070 given to secure payment on a debt incurred for the purposes authorized under this section, provided (A) such steward sought to obtain the necessary financing from the most senior, nongovernmental lienholder and such lienholder declined to provide financing on reasonable terms for any reasonable improvement or other costs of rehabilitation, and (B) lien priority is necessary to induce another lender to provide financing on reasonable terms.
Such terms may remain with the rehabilitated property after the termination of the conservatorship and be assumed by (A) the owner of the building that was determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section, if such owner regains possession of such rehabilitated property, or (B) a purchaser of such rehabilitated property pursuant to subsection (g) of this section.
Such terms may remain with the rehabilitated property after the termination of the stewardship and be assumed by (A) the owner of the building that was determined to be an abandoned property pursuant to subdivision (2) of subsection (c) of this section, if such owner regains possession of such rehabilitated property, or (B) a purchaser of such rehabilitated property pursuant to subsection (g) of this section.
(g) (1) If an abandoned property is sold by such owner or foreclosed upon by any lienholder, or if any interest in such property is transferred, such sale, foreclosure or transfer shall be subject to such conservatorship.
(g) (1) If an abandoned property is sold by such owner or foreclosed upon by any lienholder, or if any interest in such property is transferred, such sale, foreclosure or transfer shall be subject to such stewardship.
(2) Upon application of such conservator, such court may order the sale of such abandoned property if such court finds that (A) notice and an opportunity to provide comment to such court was given to each record owner of such property and each lienholder of record, (B) such conservator has been in control of such property for more than three months and such owner has not successfully petitioned to terminate such conservatorship pursuant to subsection (h) of this section, and (C) the terms and conditions of such sale are acceptable to such court and the purchaser of such property is reasonably likely to maintain such property.
(2) Upon application of such steward, such court may order the sale of such abandoned property if such court finds that (A) notice and an opportunity to provide comment to such court was given to each record owner of such property and each lienholder of record, (B) such steward has been in control of such property for more than three months and such owner has not successfully petitioned to terminate such stewardship pursuant to subsection (h) of this section, and (C) the terms and conditions of such sale are acceptable to such court and the purchaser of such property is reasonably likely to maintain such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0113 of 16 R02-SB.docx } Substitute Bill No.
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1070 property.
5944 13 of 16 Raised Bill No.1070 (3) Such court may authorize such conservator to sell such abandoned property free and clear of any lien, claim and encumbrance, provided the proceeds of such sale are distributed at settlement pursuant to subdivision (4) of this subsection.
(3) Such court may authorize such steward to sell such abandoned property free and clear of any lien, claim and encumbrance, provided the proceeds of such sale are distributed at settlement pursuant to subdivision (4) of this subsection.
(F) Costs of rehabilitation and any fee or expense incurred by such conservator in connection with such sale or the safeguarding of such abandoned property for which the lien authorized under subparagraph (B) of subdivision (6) of subsection (c) was filed;
(F) Costs of rehabilitation and any fee or expense incurred by such steward in connection with such sale or the safeguarding of such abandoned property for which the lien authorized under subparagraph (B) of subdivision (6) of subsection (c) was filed;
(G) Liens of the state, liens for unpaid property taxes and properly recorded municipal liens that have been sold or transferred;
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01014 of 16 R02-SB.docx } Substitute Bill No.
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1070 (G) Liens of the state, liens for unpaid property taxes and properly recorded municipal liens that have been sold or transferred;
5944 14 of 16 Raised Bill No.1070 (H) Valid liens and security interests in accordance with the priority of such liens and interests;
(H) Valid liens and security interests in accordance with the priority of such liens and interests;
(I) Unpaid obligations of such conservator;
(I) Unpaid obligations of such steward;
(h) Upon request of such conservator or any party in interest, such court may order the termination of a conservatorship or an abandoned property if such court finds:
(h) Upon request of such steward or any party in interest, such court may order the termination of a stewardship of an abandoned property if such court finds:
(1) The purposes of such conservatorship have been fulfilled, such as the remediation or abatement of the conditions described in subdivision (2) of subsection (c) of this section and the payment of or provision for each obligation, expense and improvement of such conservatorship, including any fee or expense incurred by such conservator;
(1) The purposes of such stewardship have been fulfilled, such as the remediation or abatement of the conditions described in subdivision (2) of subsection (c) of this section and the payment of or provision for each obligation, expense and improvement of such stewardship, including any fee or expense incurred by such steward;
(2) Such owner, a mortgagee or a lienholder has requested such conservatorship to be terminated and has provided adequate assurance to such court that the purposes of such conservatorship will be fulfilled, such as the remediation or abatement of the conditions described in subdivision (2) of subsection (c) of this section and the payment of or provision for each obligation, expense and improvement of such conservatorship, including any fee or expense incurred by such conservator;
(2) Such owner, a mortgagee or a lienholder has requested such stewardship to be terminated and has provided adequate assurance to such court that the purposes of such stewardship will be fulfilled, such as the remediation or abatement of the conditions described in subdivision (2) of subsection (c) of this section and the payment of or provision for each obligation, expense and improvement of such LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0115 of 16 R02-SB.docx } Substitute Bill No.
LCO No.
1070 stewardship, including any fee or expense incurred by such steward;
5944 15 of 16 Raised Bill No.
(3) Such abandoned property has been sold by such steward and the proceeds of such sale have been distributed in accordance with subdivision (4) of subsection (g) of this section;
1070 (3) The abandoned property has been sold by such conservator and the proceeds of such sale have been distributed in accordance with subdivision (4) of subsection (g) of this section;
or (4) Such steward has been unable, after diligent effort, to (A) develop a final plan pursuant to subparagraph (C) of subdivision (2) of subsection (c) of this section of which such court could approve, (B) implement any such court-approved plan, or (C) for any reason, fulfill the purposes of such stewardship.
or (4) Such conservator has been unable, after diligent effort, to (A) develop a final plan pursuant to subparagraph (C) of subdivision (2) of subsection (c) of this section that such court could approve, (B) implement any such court-approved plan, or (C) for any reason, fulfill the purposes of such conservatorship.
(i) The provisions of this section shall not apply (1) to any commercial or residential building, structure or land owned by or held in trust for the United States government and regulated under the United States Housing Act of 1937, as amended from time to time, and regulations promulgated under such act, and (2) if the owner of a building that would be determined by a court to be an abandoned property pursuant to this section has vacated such building to perform military service in time of war or armed conflict or to assist relief efforts during a declared federal or state emergency as a member of the United States armed forces or any reserve component of such armed forces.
(i) The provisions of this section shall not apply (1) to any commercial or residential building, structure or land owned by or held in trust for the United States government and regulated under the United States Housing Act of 1937, as amended from time to time, and regulations promulgated under such act, and (2) if the owner of a building that would be determined to be an abandoned property pursuant to this section has vacated such building to perform military service in time of war or armed conflict or to assist relief efforts during a declared federal or state emergency as a member of the United States armed forces or any reserve component of such armed forces.
Section 1 from passage New section Statement of Purpose:
Section 1 January 1, 2020 New section PD Joint Favorable Subst.
To provide for court-appointed conservators to bring residential, commercial and industrial buildings into municipal code compliance when owners fail to comply.
JUD Joint Favorable LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0116 of 16 R02-SB.docx }
[Proposed deletions are enclosed in brackets.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
5944 16 of 16
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Action History

  1. SIGNED BY GOVERNOR

  2. TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR

  3. TRANSMITTED TO SECRETARY OF THE STATE

  4. PUBLIC ACT 19-92

  5. IN CONCURRENCE

  6. SEN. PASSED, HO. AMEND. SCH. A

  7. SEN. PASSED, SEN. AMEND. SCH. A

  8. SEN. ADOPTED HO. AMEND. SCH. A

  9. RULES SUSPENDED

  10. DISAGREEING ACTION,TABLED FOR CAL., SEN.

  11. TRANSMITTED PURSUANT TO JOINT RULE 17

  12. HOUSE PASSED, HOUSE AMEND. SCH. A

  13. HOUSE PASSED, SEN. AMEND. SCH. A

  14. HOUSE ADOPTED HOUSE AMEND. SCH. A

  15. HOUSE ADOPTED SEN. AMEND. SCH. A

  16. HOUSE CALENDAR NUMBER 682

  17. FAV. RPT., TABLED FOR HOUSE CALENDER

  18. SEN. PASSED, SEN. AMEND. SCH. A

  19. SEN. ADOPTED SEN. AMEND. SCH. A

  20. FAV. RPT., TAB. FOR CAL., SEN.

  21. NO NEW FILE BY COMM. ON Judiciary

  22. RPTD. OUT OF LCO

  23. FILED WITH LCO

  24. Joint Favorable

  25. REF. BY SEN. TO COMM. ON Judiciary

  26. FILE NO. 732

  27. SENATE CALENDAR NUMBER 353

  28. FAV. RPT., TAB. FOR CAL., SEN.

  29. RPTD. OUT OF LCO

  30. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/16/19

  31. FILED WITH LCO

  32. Joint Favorable Substitute

  33. PUBLIC HEARING 0318

  34. REF. TO JOINT COMM. ON Planning and Development

Sponsors

  • Juan R. Candelaria · Primary
  • Larry B. Butler · Primary
  • Charlie L. Stallworth · Primary
  • Joseph C. Serra · Primary
  • Geraldo C. Reyes · Primary
  • Ronald A. Napoli · Primary
  • Antonio Felipe · Primary
  • Henry J. Genga · Primary
  • Carlo Leone · Primary
  • Hilda E. Santiago · Primary
  • Brandon L. McGee · Primary
  • Susan M. Johnson · Primary
  • Jane M. Garibay · Primary
  • Irene M. Haines · Primary
  • Alexandra Bergstein · Primary
  • Norman Needleman · Primary
  • Saud Anwar · Primary
  • Catherine A. Osten · Primary
  • Patricia Billie Miller · Primary
  • Joan V. Hartley · Primary

Sponsorship breakdown

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20 sponsors · 0 co-sponsors · 167 not signed on

Sponsors (20)

  • Candelaria, Juan R.
  • Butler, Larry B.
  • Stallworth, Charlie L.
  • Serra, Joseph C.
  • Reyes, Geraldo C.
  • Napoli, Ronald A.
  • Felipe, Antonio
  • Genga, Henry J.
  • Leone, Carlo
  • Santiago, Hilda E.
  • McGee, Brandon L.
  • Johnson, Susan M.
  • Garibay, Jane M.
  • Haines, Irene M.
  • Bergstein, Alexandra
  • Norman Needleman Democratic
  • Saud Anwar Democratic
  • Catherine A. Osten Democratic
  • Patricia Billie Miller Democratic
  • Joan V. Hartley Democratic

Co-sponsors (0)

None.

Not signed on (167)

167 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors SB 1070?
SB 1070 is sponsored by Candelaria, Juan R., Butler, Larry B., Stallworth, Charlie L., Serra, Joseph C., Reyes, Geraldo C., Napoli, Ronald A., Felipe, Antonio, Genga, Henry J., Leone, Carlo, Santiago, Hilda E., McGee, Brandon L., Johnson, Susan M., Garibay, Jane M., Haines, Irene M., Bergstein, Alexandra, Norman Needleman (Democratic), Saud Anwar (Democratic), Catherine A. Osten (Democratic), Patricia Billie Miller (Democratic), and Joan V. Hartley (Democratic).
What is the current status of SB 1070?
This bill has been enacted into law. Introduced March 13, 2019. Enacted.
Where can I track SB 1070?
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