senate Bill S3320

2019-2020 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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Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Mar 28, 2019 advanced to third reading
Mar 27, 2019 2nd report cal.
Mar 26, 2019 1st report cal.324
Feb 05, 2019 referred to housing, construction and community development

Votes

view votes

Mar 26, 2019 - Housing, Construction and Community Development committee Vote

S3320
8
2
committee
8
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Mar 26, 2019

nay (2)
aye wr (1)

Co-Sponsors

S3320 (ACTIVE) - Details

See Assembly Version of this Bill:
A2625
Current Committee:
Senate Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §777, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7552, A536
2011-2012: S1021, A715
2013-2014: S113, A355
2015-2016: S1309, A406
2017-2018: S350, A255

S3320 (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.

S3320 (ACTIVE) - Sponsor Memo

S3320 (ACTIVE) - Bill Text download pdf


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

                                  3320

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 5, 2019
                               ___________

Introduced  by  Sen. JACKSON -- 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.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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