Requires that in order to commence a summary proceeding for eviction in the city of Syracuse pursuant to article 7 of the real property actions and proceedings law, the party must plead and prove compliance with any local law requiring the registration or licensure of residential rental dwellings.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3110
SPONSOR: Magnarelli
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to requiring a petition in a summary proceeding to recover
possession of real property in the city of Syracuse to allege proof of
compliance with local laws requiring rental residential property regis-
tration and licensure
 
PURPOSE OR GENERAL IDEA OF THE BILL:
Will require that in order to commence a summary proceeding for eviction
in the City of Syracuse pursuant to Article 7 of the Real Property
Actions and Proceedings Law, the party must plead and prove compliance
with any local law requiring the registration or licensure of residen-
tial rental dwellings.
 
SUMMARY OF THE PROVISIONS:
Section 1: Amends Real Property Actions and Proceedings Law § 741 to
include a subdivision 7 that requires proof of compliance with the
rental registry law in the City of Syracuse.
Section 2:. Establishes the effective date.
 
JUSTIFICATION:
The City of Syracuse maintains a rental registry requiring that residen-
tial rental housing pass health and safety inspections for code compli-
ance. This program is critical to ensuring rental housing in the City is
safe. It is a proactive program that allow City Code enforcement to
inspect rental properties prior to occupation and ensure that the City
can keep in contact with the landlord/property manager. However, many
property owners continue to ignore the requirements of this law, despite
the best enforcement measures of the City.
This bill will extend a commonsense protection to the City of Syracuse
by forbidding a summary eviction where the property is not in compliance
with the rental registry. It will foster responsible property manage-
ment, empower the City to protect their residents, and conserve judicial
resources by settling the question of whether rental registry compliance
is enforceable in eviction proceedings.
 
PRIOR LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
3110
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to requiring a petition in a summary proceeding to recover
possession of real property in the city of Syracuse to allege proof of
compliance with local laws requiring rental residential property
registration and licensure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 741 of the real property actions and proceedings
2 law is amended by adding a new subdivision 7 to read as follows:
3 7. In the city of Syracuse, where the premises from which removal is
4 sought is subject to a local law requiring the registration of said
5 premises as a condition of legal rental, allege proof of compliance with
6 such local law.
7 § 2. This act shall take effect on the ninetieth day after it shall
8 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00913-01-3