| Date of Action |
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 |
Senate Bill S1309
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
Actions
2015-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
2015-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.
2015-S1309 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1309
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 permits the landlord to retain ownership of the property
if he/she promises to fix the problems "with due diligence" in a
certain period of time. Often these landlords do not take any steps to
remedy the code violations and their actions can result in injury or
2015-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
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