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.

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S113-2013 Actions

• Jan 9, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S113-2013 Memo

BILL NUMBER:S113

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:
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.

S113-2013 Text

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

                                     113

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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.
                                                             LBD00346-01-3

 S. 113                              2

  SION  SHALL  ONLY  BE  AVAILABLE  TO  THE  MORTGAGEE OR LIENOR ONCE WITH
  RESPECT TO ANY PETITION FILED PURSUANT TO THIS ARTICLE.
    S  2.  This  act shall take effect on the thirtieth day after it shall
  have become a law.