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.