NY State Senate Bill 2009-S2840

Senate Bill S2840

2009-2010 Legislative Session

Requires certain property owners who reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served

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Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Mar 04, 2009	referred to codes

co-Sponsors

2009-S2840 (ACTIVE) - Details

See Assembly Version of this Bill:: A7415
Current Committee:: Senate Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §308, add §§308-a & 311-b, CPLR

2009-S2840 (ACTIVE) - Summary

Requires property owners who are natural persons, own more than one residential property within certain cities and reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served; and requires property owners who are non-domiciliaries or unauthorized foreign corporations which own more than one residential property within certain cities to designate the secretary of state to be the agent upon whom summons may be served.

2009-S2840 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2840

 TITLE OF BILL :

An act to amend the civil practice law and rules, in relation to
service of process on certain property owners who reside outside of
the state


 PURPOSE :

To require those who own residential property in Erie County but
reside outside the State of New York to register with the Erie County
Clerk's Office so that the New York Secretary of State may accept
service on their behalf. This will allow the courts to have better
access to these individuals or corporations for purpose of summons.

 SUMMARY OF PROVISIONS :

Section 1 amends Subdivision 3 of Section 308 of the Civil Practice
Law by amending the law to add that businesses within cities with a
population of 290,000 but under 300,000 shall designate the New York
Secretary of State for service of process.

Section 1 amends Subdivision 3 of Section 308 of the Civil Practice
Law to add Section 308-A adding to the law that individuals who reside

outside of the State of New York but own residential property within
Erie County shall designate the New York Secretary of State for
service of process.

Section 1 amends Subdivision 3 of Section 311b of the Civil Practice
Law to add that also non-domicillaries or unauthorized foreign
corporations of the State of New York but own residential property
within Erie County shall designate the New York Secretary of State for
service of process.

 JUSTIFICATION :

The purpose of this bill is to eradicate housing violations and
consequently improve the quality of life in Erie County and make the
areas where these residences are located a safer, more desirable place
to live. The largest isolated residential housing problem in the City
of Buffalo and in Erie County is reaching residential property owners
who are foreign corporations and those that reside outside of the
State of New York. It is a growing concern because these properties
have repeatedly shown to have housing code violations and are often
abandoned. The owners of these properties are unreachable by the City
of Buffalo, the County of Erie and the court system therein.
Subsequently, in order to get through to these property owners this
act will allow judges and justices to reach out to the owners of the
problem properties and essentially get them into court in the most
efficient manner in order to get the problems rectified.

This legislation requires owners who reside out of state or foreign
corporations as a condition of recording a deed in the Erie County
Clerk's Office to designate the New York Secretary of State as agent
to accept service of process on their behalf. This will allow the
Secretary of State to forward the summons to the property owners at
their registered address.

This legislation enables the comes to locate and serve the people who
do not reside in New York State, and the corporations who are foreign
to New York State. The streamlining of service of process for any
out-of-state landlord eases the burden on the court to both locate and
bring to justice problem property owners for whom the courts have had
difficulty finding. The improvement of dilapidated properties with
Erie County is an important step in the revitalization of the area for
both the quality of life and the peace of mind of residents.

 LEGISLATIVE HISTORY :

2007-08: S.2337/A.3192, passed Senate both years.
2005-06: S.874/A.3065, passed Senate.
2004: S.7113-A/A.10392

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effect date are
authorized and directed to be made on or before such date.

2009-S2840 (ACTIVE) - Bill Text download pdf

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

                                  2840

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 4, 2009
                               ___________

Introduced  by Sens. STACHOWSKI, VOLKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to service
  of process on certain property owners who reside outside of the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 3 of section 308 of the civil practice law and
rules, as amended by chapter 765 of the laws of 1974, is amended to read
as follows:
  3. by delivering the summons within the state to the agent for service
of the person to be served as designated under rule 318, except  in:  A.
matrimonial  actions  where service hereunder may be made pursuant to an
order made in accordance with the provisions of subdivision a of section
two hundred thirty-two of the domestic relations law; OR
  B. BUSINESS ACTIONS, COMMENCED WITHIN ANY CITY WITH  A  POPULATION  OF
MORE  THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN THREE HUNDRED THOU-
SAND ACCORDING TO THE TWO  THOUSAND  FEDERAL  CENSUS,  WHERE  A  NATURAL
PERSON  WHO  IS  A REAL PROPERTY OWNER, RESIDES OUTSIDE OF THE STATE AND
WHO OWNS MORE THAN ONE RESIDENTIAL PROPERTY WITHIN SUCH CITY, HAS DESIG-
NATED THE SECRETARY OF STATE TO RECEIVE SUCH PROCESS PURSUANT TO SECTION
THREE HUNDRED EIGHT-A OF THIS ARTICLE;
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 308-a to read as follows:
  S 308-A. PERSONAL SERVICE UPON A PROPERTY OWNER WHO RESIDES OUTSIDE OF
THE STATE; WITHIN CERTAIN CITIES. 1. THE SECRETARY OF STATE SHALL BE THE
AGENT  OF  EVERY  NATURAL  PERSON WHO IS A PROPERTY OWNER, WITHIN A CITY
WITH A POPULATION OF MORE THAN TWO HUNDRED NINETY THOUSAND BUT LESS THAN
THREE HUNDRED THOUSAND ACCORDING TO THE  TWO  THOUSAND  FEDERAL  CENSUS,
UPON WHOM PROCESS AGAINST SUCH PERSON MAY BE SERVED.
  2.  NO  DEED  FROM  A  NATURAL PERSON WHO IS A PROPERTY OWNER SHALL BE
RECORDED, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09461-01-9

S. 2840                             2

TY THOUSAND BUT LESS THAN THREE HUNDRED THOUSAND ACCORDING  TO  THE  TWO
THOUSAND FEDERAL CENSUS, WITHOUT VERIFIED PROOF THAT SUCH PROPERTY OWNER
SEEKING TO RECORD OWNERSHIP HAS DESIGNATED THE SECRETARY OF STATE AS THE
AGENT  UPON WHOM PROCESS AGAINST SUCH PERSON MAY BE SERVED, IN A FORM TO
BE PROVIDED BY THE SECRETARY OF STATE.
  3. ANY DESIGNATION BY A PERSON OF  THE  SECRETARY  OF  STATE  AS  SUCH
AGENT,  WHICH  DESIGNATION  IS  IN  EFFECT ON THE EFFECTIVE DATE OF THIS
SECTION, SHALL CONTINUE. ANY SUCH PERSON WHO IS A PROPERTY OWNER WHO HAS
NOT DESIGNATED THE SECRETARY OF STATE AS SUCH AGENT SHALL BE  DEEMED  TO
HAVE  DONE  SO. ANY DESIGNATION MADE PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, BY SUCH PERSON OF AN AGENT OTHER THAN THE SECRETARY  OF  STATE,
SHALL TERMINATE UPON THE EFFECTIVE DATE OF THIS SECTION.
  4.  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF PROCESS SERVED UPON HIM OR HER  AS  AGENT  OF  SUCH
PERSON  SHALL  CONTINUE  UNTIL  SUCH PERSON FILES A FORM PROVIDED BY THE
SECRETARY OF STATE WHICH DIRECTS THE MAILING TO A DIFFERENT POST  OFFICE
ADDRESS.
  5.  NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  6. FOR PURPOSES OF THIS SECTION, "PROPERTY OWNER" SHALL MEAN A NATURAL
PERSON WHO OWNS MORE THAN ONE PARCEL OF RESIDENTIAL REAL PROPERTY WITHIN
A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED  NINETY  THOUSAND  BUT
LESS  THAN  THREE HUNDRED THOUSAND ACCORDING TO THE TWO THOUSAND FEDERAL
CENSUS AND RESIDES OUTSIDE THE STATE.
  S 3.  The civil practice law and rules is  amended  by  adding  a  new
section 311-b to read as follows:
  S 311-B. PERSONAL SERVICE UPON PROPERTY OWNERS WHO ARE NON-DOMICILIAR-
IES  OR UNAUTHORIZED FOREIGN CORPORATIONS; WITHIN CERTAIN CITIES. 1. THE
SECRETARY OF STATE SHALL  BE  THE  AGENT  OF  EVERY  NON-DOMICILIARY  OR
FOREIGN CORPORATION NOT AUTHORIZED TO DO BUSINESS WITHIN THIS STATE, WHO
IS  A  PROPERTY  OWNER, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO
HUNDRED NINETY THOUSAND BUT LESS THAN THREE HUNDRED  THOUSAND  ACCORDING
TO  THE  TWO  THOUSAND  FEDERAL  CENSUS,  UPON WHOM PROCESS AGAINST SUCH
PERSON OR CORPORATION MAY BE SERVED.
  2. NO DEED FROM A NON-DOMICILIARY OR FOREIGN CORPORATION  NOT  AUTHOR-
IZED  TO DO BUSINESS WITHIN THIS STATE, WHO IS A PROPERTY OWNER SHALL BE
RECORDED, WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINE-
TY THOUSAND BUT LESS THAN THREE HUNDRED THOUSAND ACCORDING  TO  THE  TWO
THOUSAND FEDERAL CENSUS, WITHOUT VERIFIED PROOF THAT SUCH PROPERTY OWNER
SEEKING TO RECORD OWNERSHIP HAS DESIGNATED THE SECRETARY OF STATE AS THE
AGENT  UPON WHOM PROCESS AGAINST SUCH PERSON MAY BE SERVED, IN A FORM TO
BE PROVIDED BY THE SECRETARY OF STATE.
  3. ANY DESIGNATION BY A NON-DOMICILIARY  OR  FOREIGN  CORPORATION  NOT
AUTHORIZED  TO  DO BUSINESS WITHIN THIS STATE, OF THE SECRETARY OF STATE
AS SUCH AGENT, WHICH DESIGNATION IS IN EFFECT ON THE EFFECTIVE  DATE  OF
THIS SECTION, SHALL CONTINUE. ANY SUCH NON-DOMICILIARY OR FOREIGN CORPO-
RATION NOT AUTHORIZED TO DO BUSINESS WITHIN THIS STATE WHO IS A PROPERTY
OWNER  WHO HAS NOT DESIGNATED THE SECRETARY OF STATE AS SUCH AGENT SHALL
BE DEEMED TO HAVE DONE SO. ANY DESIGNATION MADE PRIOR TO  THE  EFFECTIVE
DATE OF THIS SECTION, BY SUCH NON-DOMICILIARY OR FOREIGN CORPORATION NOT
AUTHORIZED  TO DO BUSINESS WITHIN THIS STATE, OF AN AGENT OTHER THAN THE
SECRETARY OF STATE, SHALL TERMINATE UPON  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  4.  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF PROCESS SERVED UPON HIM OR HER  AS  AGENT  OF  SUCH
NON-DOMICILIARY  OR  FOREIGN  CORPORATION  NOT AUTHORIZED TO DO BUSINESS

S. 2840                             3

WITHIN THIS STATE SHALL CONTINUE UNTIL SUCH PERSON FILES A FORM PROVIDED
BY THE SECRETARY OF STATE WHICH DIRECTS THE MAILING TO A DIFFERENT  POST
OFFICE ADDRESS.
  5.  NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  6. FOR PURPOSES  OF  THIS  SECTION,  "PROPERTY  OWNER"  SHALL  MEAN  A
NON-DOMICILIARY  OR  FOREIGN  CORPORATION  NOT AUTHORIZED TO DO BUSINESS
WITHIN THIS STATE, WHO OWNS MORE THAN ONE  PARCEL  OF  RESIDENTIAL  REAL
PROPERTY WITHIN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED NINETY
THOUSAND BUT LESS THAN THREE HUNDRED THOUSAND ACCORDING TO THE TWO THOU-
SAND FEDERAL CENSUS AND RESIDES OUTSIDE THE STATE.
  S 4. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made on or before such date.

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Senate Bill S2840

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Sponsored By

William T. Stachowski