NY State Senate Bill 2023-S6415

Senate Bill S6415

2023-2024 Legislative Session

Relates to the establishment of an escrow account in any court which holds a special proceeding to recover real property

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Current 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, 2024	referred to housing, construction and community development
Apr 18, 2023	referred to housing, construction and community development

co-Sponsors

2023-S6415 (ACTIVE) - Details

See Assembly Version of this Bill:: A8599
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§701, 769, 791 & 796-a, RPAP L; amd §204, NYC Civ Ct Act

2023-S6415 (ACTIVE) - Summary

Requires any court which holds a special proceeding to recover real property to establish an escrow account where the tenant shall submit any owed rent into such account.

2023-S6415 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6415

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law and the
New York city civil court act, in relation to the establishment of an
escrow account

 
PURPOSE:

This bill creates a court ordered escrow account to ensure tenants
continue paying rent while undergoing any court related proceedings
relative to their dwelling as such proceedings are being resolved in
court.

 
SUMMARY OF PROVISIONS:

Section 1 adds subdivision 3 to section 701 of the real property and
proceedings law (RPAPL) requires tenants make payments to court escrow
account in order to appear in court relative to recover possession of
real property.

Section 2 adds subdivision 3 to section 769 of the RPAPL to require
tenants make payments to court escrow account in order to appear in such
court relative to special proceedings in New York city, Westchester,
Nassau, Suffolk and Rockland counties.

Section 3 adds subdivision 3 to section 791 of RPAPL requires tenants
make payments to court escrow account in order to appear in such court
relative to removal of abandoned manufactured homes.

Section 4 adds subdivision 5 to section 796-a RPAPL requiring tenants
submit payments to an escrow account in order to appear in such court
relative to remedying cases related to safety, health, and welfare.

Section 5 amends section 204 of the New York city civil court act, as
amended by chapter 36 of the laws of 2023 is amended to provide court
jurisdiction over summary proceedings relative to foreclosure, removing
tenants as needed, render judgement for rent, and allows the court clerk
to sign an eviction, rather than the court itself. The court would also
have jurisdiction over special proceedings for tenants in multiple
dwellings relative to directing deposits of rents and the use thereof
for the purpose of remedying conditions related to the health, safety
and welfare of real property.

Section 6 provides the effective date.

 
JUSTIFICATION:

Due to the backlog of court cases relative to landlord tenant disputes
and the limitation of resources for HCR, this bill would ensure that any
tenant who is serious about getting somewhere with a complaint can show
in good faith their commitment to the property by making escrow payments
to the court in order for the court to speed up the decision with which
a building owner will have to make necessary adjustments to the property
to better serve their tenants.

 
LEGISLATIVE HISTORY:
This is a new bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
One hundred and eightieth day from passage.

2023-S6415 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6415
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 and the
   New York city civil court act, in relation to the establishment of  an
   escrow account

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 701 of the real property  actions  and  proceedings
 law is amended by adding a new subdivision 3 to read as follows:
   3. ANY COURT WHICH HOLDS A SPECIAL PROCEEDING TO RECOVER REAL PROPERTY
 SHALL ESTABLISH AN ESCROW ACCOUNT. IN ORDER TO APPEAR IN ANY SUCH COURT,
 A TENANT SHALL SUBMIT ANY OWED RENT INTO SUCH ESCROW ACCOUNT.
   §  2.  Section 769 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. EACH COURT WHICH HOLDS SPECIAL PROCEEDINGS PURSUANT TO  SUBDIVISION
 ONE  OF  THIS  SECTION  SHALL  ESTABLISH  AN ESCROW ACCOUNT. IN ORDER TO
 APPEAR IN SUCH COURT, A TENANT SHALL SUBMIT  ANY  OWED  RENT  INTO  SUCH
 ESCROW ACCOUNT.
   §  3.  Section 791 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. EACH COURT WHICH HOLDS SPECIAL PROCEEDINGS PURSUANT TO  SUBDIVISION
 ONE  OF  THIS  SECTION  SHALL  ESTABLISH  AN ESCROW ACCOUNT. IN ORDER TO
 APPEAR IN COURT, A TENANT SHALL SUBMIT ANY OWED RENT  INTO  SUCH  ESCROW
 ACCOUNT.
   § 4. Section 796-a of the real property actions and proceedings law is
 amended by adding a new subdivision 5 to read as follows:
   5.  EACH COURT WHICH HOLDS SPECIAL PROCEEDINGS PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION SHALL ESTABLISH  AN  ESCROW  ACCOUNT.  IN  ORDER  TO
 APPEAR  IN  SUCH  COURT,  A  TENANT SHALL SUBMIT ANY OWED RENT INTO SUCH
 ESCROW ACCOUNT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10802-03-3

 S. 6415                             2
 
   § 5. Section 204 of the New York city civil court act, as  amended  by
 chapter 36 of the laws of 2023, is amended to read as follows:
   §  204. Summary proceedings. 1. The court shall have jurisdiction over
 summary proceedings to recover possession of real property located with-
 in the city of New York, to remove  tenants  therefrom,  and  to  render
 judgment for rent due without regard to amount, and in such a proceeding
 after  the court has determined that a warrant of eviction be issued, it
 shall not be necessary for the court to sign the warrant, but it may  be
 signed  by  the clerk of said court. The court shall also have jurisdic-
 tion over special proceedings by tenants of multiple  dwellings  in  the
 city  of  New  York  for judgment directing deposit of rents and the use
 thereof for the purpose  of  remedying  conditions  dangerous  to  life,
 health or safety, as authorized by article [seven-a] SEVEN-A of the real
 property actions and proceedings law.
   2.  EACH COURT WHICH HOLDS SPECIAL PROCEEDINGS PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION SHALL ESTABLISH AN ESCROW  ACCOUNT.    IN  ORDER  TO
 APPEAR  IN  SUCH  COURT,  A  TENANT SHALL SUBMIT ANY OWED RENT INTO SUCH
 ESCROW ACCOUNT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that  the  provisions  of
 section  four  of this act shall take effect on the same date and in the
 same manner as chapter 677 of the laws of 2022, takes effect;  provided,
 further,  that  the  provisions  of  section five of this act shall take
 effect on the same date and in the same manner as chapter 36 of the laws
 of 2023, takes effect.

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Senate Bill S6415

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Sponsored By

Leroy Comrie