S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    966
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation  to  information  available  for  inspection  during  certain
   special  proceedings by tenants; and to amend a chapter of the laws of
   2022 amending the real property actions and proceedings  law  relating
   to special proceedings by tenants of dwellings outside the city of New
   York  and certain counties for judgment directing deposit of rents and
   the use thereof for the purpose of remedying conditions  dangerous  to
   life,  health  or  safety, as proposed in legislative bills numbers S.
   6721 and A. 3241, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 796-k of the real property actions and proceedings
 law, as added by a chapter of the laws of 2022 amending the real proper-
 ty actions and  proceedings  law  relating  to  special  proceedings  by
 tenants  of  dwellings outside the city of New York and certain counties
 for judgment directing deposit of rents and  the  use  thereof  for  the
 purpose  of remedying conditions dangerous to life, health or safety, as
 proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
 read as follows:
   § 796-k. Presentation or  settlement  of  accounts.  The  court  shall
 require  the  keeping  of  written  accounts  itemizing the receipts and
 expenditures for work  performed  under  an  order  issued  pursuant  to
 section seven hundred ninety-six-h or seven hundred ninety-six-i of this
 article, which shall be open to inspection by the owner of the dwelling,
 or  any  mortgagee  or  lienor or any other person having an interest in
 such receipts or expenditures provided,  however,  that  notwithstanding
 any  other  provision of law to the contrary, such information as may be
 in the possession of the department charged with the enforcement of  the
 housing  maintenance  code of the [county or city] MUNICIPALITY shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03956-01-3
              

 A. 966                              2
 
 available from such department for inspection only by the owner  of  the
 dwelling,  the  tenant  of  the  dwelling, or a person having a recorded
 interest in the property. Upon motion of the court or the  administrator
 or  of  the  owner,  any  mortgagee or lienor of record or of any person
 having an interest, the court may require a presentation  or  settlement
 of  the  accounts with respect thereto. Notice of a motion for presenta-
 tion or settlement of such accounts shall be served on  the  owner,  any
 mortgagee  or  other lienor of record who appeared in the proceeding and
 any person having an interest in such receipts or expenditures.
   § 2. Section 2 of a chapter of the laws  of  2022  amending  the  real
 property  actions and proceedings law relating to special proceedings by
 tenants of dwellings outside the city of New York and  certain  counties
 for  judgment  directing  deposit  of  rents and the use thereof for the
 purpose of remedying conditions dangerous to life, health or safety,  as
 proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
 read as follows:
   §  2.  This  act  shall  take  effect [immediately] ON THE ONE HUNDRED
 EIGHTIETH DAY AFTER IT SHALL HAVE BECOME A LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2022 amending the real  property
 actions  and  proceedings law relating to special proceedings by tenants
 of dwellings outside the city of New York and certain counties for judg-
 ment directing deposit of rents and the use thereof for the  purpose  of
 remedying conditions dangerous to life, health or safety, as proposed in
 legislative bills numbers S. 6721 and A. 3241, takes effect.