NY State Senate Bill 2017-S350

Senate Bill S350

2017-2018 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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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to housing, construction and community development
Jan 04, 2017	referred to housing, construction and community development

co-Sponsors

2017-S350 (ACTIVE) - Details

See Assembly Version of this Bill:: A255
Current Committee:: Senate Housing, Construction And Community Development
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
2019-2020: S3320, A2625

2017-S350 (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.

2017-S350 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S350

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

Requires the timely and complete removal of existing building code
violations within apartment buildings and closes loopholes that allow
negligent landlords to retain control of rental property that they do
not repair unless the court grants an extension of time for good cause
shown.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends Subdivision (a) of Section 777 of the real property
actions and proceedings law. It sets the time that a court may grant
for work to be completed to remedy housing code violations at 60 days
and prohibits them from applying for a consent order more than once.

 JUSTIFICATION :

Although Article 7A of the Real Property Actions and Proceeding Law of
New York State of 1978 authorizes housing courts to replace negligent
landlords with court-appointed administrators, the court often permits
the landlord to retain ownership of the property if he/she promises to
fix the problems "with due diligence" in a certain period of time.
Often these landlords do not take any steps to remedy the code
violations and their actions can result in injury or even death for
the tenants of the buildings they own. This bill would insure that
landlords must make necessary repairs in a timely fashion or risk
losing control over the property.

 PRIOR LEGISLATIVE HISTORY :

2015-2016 - S1309
2013-2014 -S.113
2011-12: S.1021
2010 - S.7552 - Referred to Housing, Construction & Community
Development
2007-08 - A.479A - Passed Assembly
2005-06 - A.1243 - Passed Assembly/S.3140 Referred to Judiciary
2003-04 - A.289S - Passed Assembly/S.6758 Referred to Judiciary

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
On the 30th day after becoming law.

2017-S350 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    350
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00067-01-7

 S. 350                              2
 
 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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Senate Bill S350

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Sponsored By

Jose Peralta