Senate Bill S3320

Signed By Governor
2019-2020 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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Sponsored By

Archive: Last Bill Status Via A2625 - Signed by Governor

  • 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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2019-S3320 (ACTIVE) - Details

See Assembly Version of this Bill:
A2625
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
2017-2018: S350, A255

2019-S3320 (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.

2019-S3320 (ACTIVE) - Sponsor Memo

2019-S3320 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3320
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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