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Assembly Bill A255

2017-2018 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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2017-A255 (ACTIVE) - Details

See Senate Version of this Bill:
S350
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §777, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A536, S7552
2011-2012: A715, S1021
2013-2014: A355, S113
2015-2016: A406, S1309
2019-2020: A2625, S3320

2017-A255 (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.

2017-A255 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    255
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 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.
   §  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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