Senate Bill S7552

2009-2010 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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

2009-S7552 (ACTIVE) - Details

See Assembly Version of this Bill:
A536
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:
2011-2012: S1021, A715
2013-2014: S113, A355
2015-2016: S1309, A406
2017-2018: S350, A255
2019-2020: S3320, A2625

2009-S7552 (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.

2009-S7552 (ACTIVE) - Sponsor Memo

2009-S7552 (ACTIVE) - Bill Text download pdf 

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

                                  7552

                            I N  S E N A T E

                             April 21, 2010
                               ___________

Introduced  by  Sen. SCHNEIDERMAN -- 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
                      [ ] is old law to be omitted.
                                                           LBD02561-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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