Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to housing, construction and community development |
Jan 21, 2009 |
referred to judiciary |
Senate Bill S906
2009-2010 Legislative Session
Sponsored By
(D) Senate District
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
Actions
2009-S906 (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Add §773-a, amd §§778 & 1325, RPAP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1960
2009-S906 (ACTIVE) - Summary
Provides that receivership shall not be material nor a defense to the appointment of an administrator, pursuant to provisions of the real property actions and proceedings law relating to special proceedings by tenants of dwellings in the city of New York, to deposit rent and make repairs to multiple dwellings, although a receiver in foreclosure may participate in such proceeding and may be appointed as administrator if the court so decides; provides that a receiver need not be named as a party or served with process in such special proceeding; requires receiver to register with the municipal department within seven days of appointment or else any action taken by such receiver may be voided by the court.
2009-S906 (ACTIVE) - Sponsor Memo
BILL NUMBER: S906 TITLE OF BILL : An act to amend the real property actions and proceedings law, in relation to proceedings to deposit rents PURPOSE/SUMMARY OF PROVISIONS : This bill would amend the real property actions and proceedings law by adding a new section seven hundred seventy-three, a new subdivision eight under section seven hundred seventy-eight, and three new subdivisions, four, five and six, under section thirteen hundred twenty-five. This bill has been introduced as a result of the Gomez vs. Smith Williamsburg Better Housing Court decision filed in Kings County, Trial Term, Part 35A. The purpose of this bill is to prevent slum-mortgagees from using the issue of receivership as a tactic to delay the implementation of article 7-A proceedings. The bill would establish that receivership shall not be adjourned, dismissed or delayed because the petitioner has not requested or received prior approval from the supreme court, the supreme court has not authorized such a lawsuit against a receiver or the receiver has not been named or served with process in such proceeding. Provides that the existence of a receiver prior to the judgement or appointment of an administrator in such proceeding, shall not affect the court's capacity to appoint or continue the appointment of such administrator. The court may appoint an existing receiver as an administrator when it
2009-S906 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 906 2009-2010 Regular Sessions I N S E N A T E January 21, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to proceedings to deposit rents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property actions and proceedings law is amended by adding a new section 773-a to read as follows: S 773-A. RECEIVERSHIP NOT MATERIAL. 1. RECEIVERSHIP SHALL NOT BE A DEFENSE TO ANY SPECIAL PROCEEDING PURSUANT TO THIS ARTICLE AND NO SUCH PROCEEDING SHALL BE ADJOURNED, DELAYED OR DISMISSED EITHER BECAUSE THE PETITIONER HAS NOT OR PETITIONERS HAVE NOT REQUESTED OR RECEIVED APPROVAL OF SUCH PROCEEDING BY THE SUPREME COURT OR A LAWSUIT HAS NOT BEEN AUTHORIZED AGAINST A RECEIVER APPOINTED BY SUCH COURT OR A RECEIVER HAS NOT BEEN NAMED OR SERVED WITH PROCESS IN SUCH PROCEEDING. 2. THIS SECTION SHALL NOT PROHIBIT A RECEIVER IN FORECLOSURE FROM PARTICIPATION IN SUCH PROCEEDING, IF SUCH RECEIVER SO DESIRES. S 2. Section 778 of the real property actions and proceedings law is amended by adding a new subdivision 11 to read as follows: 11. THE EXISTENCE OF A RECEIVER FOR THE DWELLING PRIOR TO THE COMMENCEMENT OF THE PROCEEDING, OR APPLICATION FOR OR APPOINTMENT OF A RECEIVER AT ANY TIME PRIOR TO JUDGMENT OR APPOINTMENT OF AN ADMINISTRA- TOR PURSUANT TO THIS ARTICLE, SHALL NOT AFFECT THE POWER OF THE COURT TO APPOINT OR CONTINUE THE APPOINTMENT OF SUCH AN ADMINISTRATOR, EXCEPT THAT THE RIGHTS OF THE OWNER, INCLUDING THE RIGHTS TO ANY SURPLUS PURSU- ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, SHALL PASS TO THE RECEIVER. IF SUCH RECEIVER HAS BEEN APPOINTED PRIOR TO APPOINTMENT OF AN ADMINISTRATOR, THE COURT MAY APPOINT SUCH RECEIVER AS ADMINISTRA- TOR UNDER CIRCUMSTANCES WHERE IT IS CONVINCED THAT SUCH RECEIVER WILL PROPERLY UNDERTAKE RESPONSIBILITY FOR CORRECTING ALL THE VIOLATIONS AND DANGEROUS CONDITIONS, AND PROVIDE NECESSARY SERVICES TO THE DWELLING. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06439-01-9
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