S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1341
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen.  RYAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  information  available  for  inspection  during  certain
   special proceedings by tenants; and to amend a chapter of the laws  of
   2022  amending  the real property actions and proceedings law relating
   to special proceedings by tenants of dwellings outside the city of New
   York and certain counties for judgment directing deposit of rents  and
   the  use  thereof for the purpose of remedying conditions dangerous to
   life, health or safety, as proposed in legislative  bills  numbers  S.
   6721 and A. 3241, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 796-k of the real property actions and  proceedings
 law, as added by a chapter of the laws of 2022 amending the real proper-
 ty  actions  and  proceedings  law  relating  to  special proceedings by
 tenants of dwellings outside the city of New York and  certain  counties
 for  judgment  directing  deposit  of  rents and the use thereof for the
 purpose of remedying conditions dangerous to life, health or safety,  as
 proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
 read as follows:
   §  796-k.  Presentation  or  settlement  of  accounts. The court shall
 require the keeping of  written  accounts  itemizing  the  receipts  and
 expenditures  for  work  performed  under  an  order  issued pursuant to
 section seven hundred ninety-six-h or seven hundred ninety-six-i of this
 article, which shall be open to inspection by the owner of the dwelling,
 or any mortgagee or lienor or any other person  having  an  interest  in
 such  receipts  or  expenditures provided, however, that notwithstanding
 any other provision of law to the contrary, such information as  may  be
 in  the possession of the department charged with the enforcement of the
 housing maintenance code of the [county or city] MUNICIPALITY  shall  be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03956-01-3
              

 S. 1341                             2
 
 available  from  such department for inspection only by the owner of the
 dwelling, the tenant of the dwelling, or  a  person  having  a  recorded
 interest  in the property. Upon motion of the court or the administrator
 or  of  the  owner,  any  mortgagee or lienor of record or of any person
 having an interest, the court may require a presentation  or  settlement
 of  the  accounts with respect thereto. Notice of a motion for presenta-
 tion or settlement of such accounts shall be served on  the  owner,  any
 mortgagee  or  other lienor of record who appeared in the proceeding and
 any person having an interest in such receipts or expenditures.
   § 2. Section 2 of a chapter of the laws  of  2022  amending  the  real
 property  actions and proceedings law relating to special proceedings by
 tenants of dwellings outside the city of New York and  certain  counties
 for  judgment  directing  deposit  of  rents and the use thereof for the
 purpose of remedying conditions dangerous to life, health or safety,  as
 proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
 read as follows:
   §  2.  This  act  shall  take  effect [immediately] ON THE ONE HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2022 amending the real  property
 actions  and  proceedings law relating to special proceedings by tenants
 of dwellings outside the city of New York and certain counties for judg-
 ment directing deposit of rents and the use thereof for the  purpose  of
 remedying conditions dangerous to life, health or safety, as proposed in
 legislative bills numbers S. 6721 and A. 3241, takes effect.