N.Y.C. Admin. Code tit. 27, ch. 2 § 27-2109.1
Notice by a mortgagee commencing an action to foreclose a mortgage on residential real property (New York City Housing Maintenance Code)
Operative Text
(a) 1. Any mortgagee that commences an action in a court of competent jurisdiction in the state of New York to foreclose a mortgage on residential real property within the city of New York shall provide notice to the department, in a form prescribed by the department, within fifteen days of service of the pleadings commencing such action. If such action was commenced before the effective date of the local law that added this section, and remains pending as of such effective date, notification shall be provided within thirty days of such effective date, provided, however, that no notice shall be required for actions commenced prior to February 13, 2010, regardless of whether such action remains pending as of such effective date. Such notice shall include, but need not be limited to, the following information: (i) the name of the mortgagee plaintiff commencing such action and the mailing address, telephone number and e-mail address of such mortgagee plaintiff, and, when applicable, the name of a principal or corporate officer of such mortgagee plaintiff, and the mailing address, telephone number and e-mail address of such principal or corporate officer; (ii) the name of the defendant in such action; (iii) the identification of such residential real property by street address and block and lot number, (iv) the date of the commencement of such action, (v) the court in which such action was commenced, and (vi) such other information as the department may require by rule. For the purposes of this section, "mortgagee" shall mean any person that commences an action to foreclose a mortgage on residential real property including, but not limited to, a lender, assignee or mortgage loan service provider that commences such an action. 2. A mortgagee shall notify the department within fifteen days of the discontinuance of an action for which notice pursuant to paragraph one of this subdivision has been received by the department, the issuance of a judgment in such action, or the sale of the real property as a result of such action. 3. The department shall maintain on its website a list of all properties with twenty or more units, identified by block and lot number along with the name, mailing address and telephone number of the mortgagee plaintiff and the name of the defendant for which notice pursuant to paragraph one of this subdivision has been received. Such list shall be updated at a minimum on the first business day of each month. The department shall report on its website each three months: (i) the total number of foreclosure actions commenced during the immediately preceding three months for which notice pursuant to paragraph one of this subdivision has been received by the department, disaggregated by community district; and (ii) the total number of foreclosure actions pending, for which notice pursuant to paragraphs one and two of this subdivision has been received by the department, disaggregated by community district. The department shall provide the information provided to it pursuant to paragraphs one and two of this subdivision to one or more agencies for which the department determines that such information furthers such agency or agencies' duties, including but not limited to the enforcement of section 28-210.1 of this code or related provisions, and to any other city agency upon request by such agency. b. Any mortgagee who fails to notify the department in accordance with subdivision a of this section shall be liable for a civil penalty enforceable by the department. Such civil penalty shall not exceed one thousand dollars for each week that there is a failure to notify. The failure to notify shall not be deemed to affect in any way any pending legal proceeding related to such residential real property. c. The provisions of this section shall not apply to any foreclosure actions brought by a governmental entity.
Under N.Y.C. Admin. Code § 27-2109.1, any private mortgagee that files a foreclosure action on residential property in New York City must notify the city's Department of Housing Preservation and Development (HPD) within fifteen days of serving the initial pleadings. The notice must include identifying details about the mortgagee, the defendant, the property address, and the court involved. The mortgagee must also follow up with HPD when the action is discontinued, a judgment is issued, or the property is sold. Government entities are exempt from these requirements.
Plain English — not legal advice.
Property owners and managers should be aware that under § 27-2109.1, any lender, assignee, or loan servicer initiating a residential foreclosure in New York City is responsible for filing a prescribed notice with HPD within fifteen days of serving the complaint. Compliant mortgagees also track and report subsequent case milestones—discontinuance, judgment, or sale—within fifteen days of each event. Failing to meet these notification deadlines can result in civil penalties of up to $1,000 per week of non-compliance, enforced by HPD.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 27-2109.1, tenants living in residential buildings subject to a foreclosure action benefit from a public transparency system: HPD maintains an online list of properties with twenty or more units where foreclosure notices have been received, updated at least monthly. Tenants can monitor this list to learn whether their building is involved in a foreclosure proceeding. Those who believe their building's mortgagee has failed to comply with the notice requirements may contact HPD directly or reach out to a local tenant-rights organization to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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