S T A T E O F N E W Y O R K
________________________________________________________________________
5885
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. ESPAILLAT -- Multi-Sponsored by -- M. of A. DIAZ,
HOOPER, JOHN, PERRY, J. RIVERA, TOWNS -- read once and referred to the
Committee on Housing
AN ACT to amend the real property actions and proceedings law, in
relation to grounds for proceedings by certain tenants of multiple
dwellings to direct deposit of rents and use thereof to remedy danger-
ous conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 770 of the real property actions
and proceedings law, as amended by chapter 877 of the laws of 1982, is
amended to read as follows:
1. One-third or more of the tenants occupying a dwelling located in
the city of New York or the commissioner of the department of the city
of New York charged with enforcement of the housing maintenance code of
such city, or in the counties of Nassau, Suffolk, Rockland and Westches-
ter may maintain a special proceeding as provided in this article, upon
the ground that there exists in such dwellings or in any part thereof a
lack of heat or of running water or of light or of electricity or of
adequate sewage disposal facilities, or any other condition dangerous to
life, health or safety, which has existed for five days[,]; OR THERE IS
ON PREMISES ILLEGAL DRUG ACTIVITY CONSISTING OF TWO OR MORE ARRESTS OF
TENANTS, OR SEARCH WARRANTS EXECUTED IN A MULTIPLE DWELLING, FOR ANY
CRIME DEFINED IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF
THE PENAL LAW, OCCURRING OVER THE PERIOD OF A YEAR AND THE LANDLORD OR
OWNER OF RECORD, HAVING NOTICE OF SUCH ACTIVITY, SHALL HAVE FAILED TO
TAKE REASONABLE ACTIONS NECESSARY TO SAFEGUARD THE MULTIPLE DWELLING; or
an infestation by rodents, or any combination of such conditions; or
course of conduct by the owner or his agents of harassment, illegal
eviction, continued deprivation of services or other acts dangerous to
life, health or safety.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09103-01-9
A. 5885 2
S 2. Subdivision 1 of section 772 of the real property actions and
proceedings law, as amended by chapter 877 of the laws of 1982, is
amended to read as follows:
1. Allege material facts showing that there exists in such dwelling or
any part thereof one or more of the following: a lack of heat or of
running water or of light or electricity or of adequate sewage disposal
facilities, or any other condition dangerous to life, health or safety,
which has existed for five days[,]; OR THERE IS ON PREMISES ILLEGAL DRUG
ACTIVITY CONSISTING OF TWO OR MORE ARRESTS OF TENANTS, OR SEARCH
WARRANTS EXECUTED IN A MULTIPLE DWELLING, FOR ANY CRIME DEFINED IN ARTI-
CLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OF THE PENAL LAW,
OCCURRING OVER THE PERIOD OF A YEAR AND THE LANDLORD OR OWNER OF RECORD,
HAVING NOTICE OF SUCH ACTIVITY, SHALL HAVE FAILED TO TAKE REASONABLE
ACTIONS NECESSARY TO SAFEGUARD THE MULTIPLE DWELLING; or an infestation
of rodents or course of conduct by the owner or his agents of harass-
ment, illegal eviction, continued deprivation of services or other acts
dangerous to life, health or safety.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, any and all actions
necessary to implement the provisions of this act on its effective date
are immediately authorized and directed to be completed on or before
such effective date.