Are Your 90-Day Pre-Foreclosure Notices in New York Compliant With the Latest Law Change?
What’s Happened?
On October 16, 2025, New York Governor Kathy Hochul signed a new law based on Assembly Bill A3470 (companion Senate Bill S7413).
Who is Affected?
The new law now imposes a 90-day pre-foreclosure notice requirement on New York condominium boards and incorporated homeowners’ associations (HOAs) seeking to foreclose liens for unpaid common charges, assessments, fees, or fines.
What is the Purpose of the Law?
The purpose of the law is similar to Real Property Actions and Proceedings Law (RPAPL) § 1304, which provides for 90-day pre-foreclosure notices to residential mortgagors. This aims to improve communication between the parties and create an opportunity to find a resolution and avoid foreclosure if possible.
Timing
The new law takes effect immediately and applies to actions commenced on and after the effective date (October 16, 2025).
What’s Changed?
The new law amends New York Real Property Law (RPL) § 339-aa pertaining to condominiums. It also creates a new section, RPAPL Article 20-A § 2010, imposing parallel obligations on incorporated HOAs.
What to Do
Before proceeding with a foreclosure action:
- A condominium board or incorporated HOA must now send written notice at least 90 days in advance to the owner at the property address and any other address of record.
- The notice font must be in 14-point type.
- The notice’s contents must:
(1) state that the condo board/HOA intends to file an action to foreclose the lien;
(2) identify the property address; and
(3) state the specific amount due.
Unlike RPAPL 1304, however, the new law does not contain the exact verbiage that must be used in the notice.
Key Takeaways
- Condo boards and HOAs in New York should immediately update their foreclosure procedures to comply with the new notice requirements.
- Failure to do so may delay or jeopardize the ability to foreclose in New York.
Featured Insights

Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group

In The News
Apr 29, 2026
Lauren Campisi Featured in the 20th Anniversary of Louisiana Super Lawyers Magazine

In The News
Apr 28, 2026
Matt Henderson Provides Media Insights as Conflict of Interest Lawsuits Target Law Firms

In The News
Apr 28, 2026
Akeela White Analyzes US House Hearing on Credit Reporting Compliance Reforms

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026




