senate Bill S1309

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing, construction and community development
Jan 09, 2015 referred to housing, construction and community development

S1309 (ACTIVE) - Details

See Assembly Version of this Bill:
A406
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: S7552, A536
2011-2012: S1021, A715
2013-2014: S113, A355
2017-2018: S350, A255
2019-2020: S3320, A2625

S1309 (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.

S1309 (ACTIVE) - Sponsor Memo

S1309 (ACTIVE) - Bill Text download pdf

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

                                  1309

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.