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Assembly Bill A406

2015-2016 Legislative Session

Establishes time restrictions for court issued consent orders for work performance to remove or remedy conditions in such petition

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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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2015-A406 (ACTIVE) - Details

See Senate Version of this Bill:
S1309
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง777, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A536, S7552
2011-2012: A715, S1021
2013-2014: A355, S113
2017-2018: A255, S350
2019-2020: A2625, S3320

2015-A406 (ACTIVE) - 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.

2015-A406 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   406

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M. of A. DINOWITZ, GLICK, PAULIN, ORTIZ -- read once and
  referred to the Committee on Judiciary

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-
SION SHALL ONLY BE AVAILABLE  TO  THE  MORTGAGEE  OR  LIENOR  ONCE  WITH
RESPECT TO ANY PETITION FILED PURSUANT TO THIS ARTICLE.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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