|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to housing, construction and community development|
|Jan 09, 2013||referred to housing, construction and community development|
senate Bill S113
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S113 - Details
S113 - Summary
Establishes time restrictions for court issued consent orders for work performance to remove or remedy dangerous conditions or building code violations; permits sixty days for consent orders to be performed by an owner, mortgagee, or lienor of record and further restricts such person from using consent orders more than once.
S113 - Sponsor Memo
BILL NUMBER:S113 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to establishing time restrictions for court issued consent orders for work performance to remove or remedy conditions in such petition PURPOSE OR GENERAL IDEA OF BILL: Requires the timely and complete removal of existing building code violations within apartment buildings and closes loopholes that allow negligent landlords to retain control of rental property that they do not repair unless the court grants an extension of time for good cause shown. SUMMARY OF SPECIFIC PROVISIONS: The bill amends Subdivision (a) of Section 777 of the real property actions and proceedings law. It sets the time that a court may grant for work to be completed to remedy housing code violations at 60 days and prohibits them from applying for a consent order more than once. JUSTIFICATION: Although Article 7A of the Real Property Actions and Proceeding Law of New York State of 1978 authorizes housing courts to replace negligent landlords with court-appointed administrators, the court often
S113 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 113 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development AN ACT to amend the real property actions and proceedings law, in relation to establishing time restrictions for court issued consent orders for work performance to remove or remedy conditions in such petition THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision a of section 777 of the real property actions and proceedings law, as added by chapter 909 of the laws of 1965, is amended to read as follows: a. If, after a trial, the court shall determine that the facts alleged in the petition have been affirmatively established by the petitioners, that no defense thereto specified in section seven hundred seventy-five OF THIS ARTICLE has been affirmatively established by the owner or a mortgagee or lienor of record, and that the facts alleged in the peti- tion warrant the granting of the relief sought, and if the owner or any mortgagee or lienor of record or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the conditions specified in such petition and shall (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court, in lieu of rendering judgment as provided in section seven hundred seventy-six of this article, may issue an order permitting such person to perform the work within a time fixed by the court BUT IN NO EVENT MORE THAN SIXTY DAYS FROM THE DATE OF THE ORDER OF THE COURT UNLESS THE COURT GRANTS AN EXTENSION OF TIME FOR GOOD CAUSE SHOWN. THE PROVISIONS OF THIS SUBDIVI- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00346-01-3
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