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.
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.
STATE OF NEW YORK ________________________________________________________________________ 113 2013-2014 Regular Sessions IN 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.