A10212 Summary:

BILL NOA10212A
 
SAME ASSAME AS S09411
 
SPONSORRules (Davila)
 
COSPNSRTaylor
 
MLTSPNSR
 
Amd §2, Chap 375 of 1999
 
Extends provisions of law relating to new owners of buildings for which administrators have been appointed pursuant to article 7-A of the real property actions and proceedings law from June 30, 2024 until June 30, 2027.
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A10212 Actions:

BILL NOA10212A
 
05/13/2024referred to housing
05/17/2024amend and recommit to housing
05/17/2024print number 10212a
05/21/2024reported referred to rules
05/22/2024reported
05/22/2024rules report cal.125
05/22/2024ordered to third reading rules cal.125
05/28/2024passed assembly
05/28/2024delivered to senate
05/28/2024REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
05/28/2024SUBSTITUTED FOR S9411
05/28/20243RD READING CAL.1242
05/28/2024PASSED SENATE
05/28/2024RETURNED TO ASSEMBLY
06/26/2024delivered to governor
06/28/2024signed chap.146
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A10212 Committee Votes:

HOUSING Chair:Rosenthal L DATE:05/21/2024AYE/NAY:27/0 Action: Favorable refer to committee Rules
RosenthalAyeFitzpatrickExcused
CookAyeByrnesAye
KimAyeBrown K Aye
WalkerAyeGallahanAye
Bichotte HermelAyeBrown EAAye
DavilaAyeBrook-KrasnyAye
TaylorAyeChangAye
EpsteinAyeNovakhovAye
EichensteinAye
MeeksAye
BurdickAye
RiveraAye
JacksonAye
KellesAye
TapiaAye
LucasAye
Chandler-WatermAye
LeeAye
LevenbergAye
DaisAye

RULES Chair:Pretlow DATE:05/22/2024AYE/NAY:28/0 Action: Favorable
HeastieExcusedBarclayAye
WeinsteinAyeHawleyAye
PretlowAyeGiglioAye
CookAyeBlankenbushAye
GlickAyeNorrisAye
AubryAyeRaAye
DinowitzAyeBrabenecAye
ColtonAyePalmesanoAye
MagnarelliAyeReillyAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleExcused
BraunsteinAye
DickensExcused
DavilaAye
HyndmanAye
RozicAye
BronsonAye

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A10212 Floor Votes:

DATE:05/28/2024Assembly Vote  YEA/NAY: 145/0
Yes
Alvarez
Yes
Byrnes
Yes
Fall
Yes
Kelles
Yes
Otis
Yes
Simpson
Yes
Anderson
Yes
Carroll
Yes ‡
Fitzpatrick
Yes
Kim
Yes
Palmesano
Yes
Slater
Yes
Angelino
Yes
Chandler-Waterm
Yes
Flood
Yes
Lavine
Yes
Paulin
Yes
Smith
Yes
Ardila
Yes
Chang
ER
Forrest
Yes
Lee
Yes
Peoples-Stokes
Yes
Smullen
Yes
Aubry
Yes
Clark
Yes
Friend
Yes
Lemondes
Yes
Pheffer Amato
Yes
Solages
Yes
Barclay
Yes
Colton
Yes
Gallagher
Yes
Levenberg
Yes
Pirozzolo
Yes
Steck
Yes
Barrett
Yes ‡
Conrad
Yes
Gallahan
ER
Lucas
Yes
Pretlow
Yes
Stern
Yes
Beephan
Yes
Cook
Yes
Gandolfo
Yes
Lunsford
Yes
Ra
Yes
Stirpe
Yes
Bendett
Yes
Cruz
Yes
Gibbs
Yes
Lupardo
Yes
Raga
Yes
Tague
Yes
Benedetto
Yes
Cunningham
Yes
Giglio JA
Yes
Magnarelli
Yes
Rajkumar
Yes
Tannousis
Yes
Berger
Yes
Curran
Yes
Giglio JM
Yes
Maher
Yes
Ramos
Yes
Tapia
Yes
Bichotte Hermel
Yes
Dais
Yes
Glick
Yes
Mamdani
Yes
Reilly
Yes
Taylor
Yes
Blankenbush
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Manktelow
ER
Reyes
Yes
Thiele
Yes
Blumencranz
Yes
Davila
Yes
Goodell
Yes
McDonald
Yes
Rivera
Yes
Vanel
Yes
Bores
Yes
De Los Santos
Yes
Gray
Yes ‡
McDonough
Yes
Rosenthal
Yes
Walker
Yes
Brabenec
Yes
DeStefano
Yes
Gunther
Yes
McGowan
Yes
Rozic
Yes
Wallace
Yes
Braunstein
ER
Dickens
Yes
Hawley
Yes
McMahon
Yes
Santabarbara
Yes
Walsh
Yes
Bronson
Yes
Dilan
Yes
Hevesi
Yes
Meeks
Yes
Sayegh
Yes
Weinstein
Yes
Brook-Krasny
Yes
Dinowitz
Yes
Hunter
Yes
Mikulin
Yes
Seawright
Yes
Weprin
Yes
Brown EA
Yes ‡
DiPietro
Yes
Hyndman
Yes
Miller
Yes
Septimo
Yes
Williams
Yes
Brown K
Yes
Durso
Yes
Jackson
Yes
Mitaynes
Yes
Shimsky
Yes
Woerner
Yes
Burdick
Yes
Eachus
Yes
Jacobson
Yes
Morinello
Yes
Shrestha
Yes
Zaccaro
Yes
Burgos
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Norris
Yes
Sillitti
Yes
Zebrowski
Yes
Burke
Yes
Epstein
Yes
Jensen
Yes
Novakhov
Yes
Simon
Yes
Zinerman
Yes
Buttenschon
Yes
Fahy
Yes
Jones
ER
O'Donnell
Yes
Simone
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A10212 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10212A
 
SPONSOR: Rules (Davila)
  TITLE OF BILL: An act to amend chapter 375 of the laws of 1999, amending the real prop- erty actions and proceedings law relating to new owners of buildings for which administrators have been appointed pursuant to article 7-A of such law, in relation to the effectiveness thereof   SUMMARY OF PROVISIONS: Subdivision 10 of section 778 of the Real Property Actions and Proceedings Law (the "RPAPL") grants the City of New York ("the City") authority to "evaporate" (reduce to zero) liens on Article 7-A proper- ties for municipally-financed repairs. This authority will expire on June 30, 2024, unless it is extended. Section one of this bill would extend this authority to June 30, 2027, and section two would provide that this act takes effect immediately and will be deemed to be in full force and effect on and after June 30, 2024.   REASONS FOR SUPPORT: Pursuant to Article 7-A of the RPAPL, the Civil Court of the City of New York appoints administrators to operate privately-owned buildings that have been effectively abandoned by their owners and have created condi- tions dangerous to the life, health and safety of tenants still living in such buildings. Administrators act under court order to collect rents, which are used for providing essential services to tenants and for making necessary repairs. In many instances, City capital funds are utilized to repair or replace major systems or to make other necessary improvements. All money expended by the City for such purposes becomes a lien on the property. Subdivision 10 of section 778 of the RPAPL provides that a new owner of an Article 7-A property may take advantage of lien evaporation only if he or she enters into a regulatory agreement with the New York City Department of Housing Preservation and Development ("HPD"). This regulatory agreement may provide that, upon transfer of the property to the new owner, any outstanding liens filed with and recorded by New York City pursuant to section 778 of the RPAPL or section 309 of the Multiple Dwelling Law shall be immediately reduced to zero, provided that the new owner offer adequate, safe and sanitary housing accommodations for persons of low income for a period of not less than 30 years. The regu- latory agreement also requires that the new owner certify that the prior owner of the property has no direct or indirect interest in the property and that the prior owner has no direct or indirect interest in the new owner. Article 7-A has enabled the City to encourage not-for-profit and for- profit entitles to purchase 7-A buildings, allowing such properties to be developed into a source of permanent affordable housing for families and individuals. The Article 7-A evaporation is limited exclusively to the transfer of a building to a new owner who has no business or other interests with the original owner. This will prevent a prior owner of an Article 7-A administered building from benefiting from lien evaporation. New owners must comply with all provisions of the regulatory agreement entered into-with HPD in order for lien evaporation to be utilized. This legislation will allow the City to continue to transform effective- ly-abandoned buildings, often in dangerous disrepair, into a source of permanent affordable housing. Accordingly, the Mayor urges the earliest possible favorable consider- ation of this proposal by the Legislature.
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A10212 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10212--A
 
                   IN ASSEMBLY
 
                                      May 13, 2024
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Davila) --
          read once and referred  to  the  Committee  on  Housing  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend chapter 375 of the laws of 1999, amending the real prop-
          erty  actions  and proceedings law relating to new owners of buildings
          for which administrators have been appointed pursuant to  article  7-A
          of such law, in relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2 of chapter 375 of the laws of 1999, amending  the
     2  real  property  actions  and  proceedings  law relating to new owners of
     3  buildings for which administrators have been appointed pursuant to arti-
     4  cle 7-A of such law, as amended by chapter 180 of the laws of  2021,  is
     5  amended to read as follows:
     6    § 2. This act shall take effect immediately and shall remain in effect
     7  until  June  30, [2024] 2027, when upon such date the provisions of this
     8  act shall expire and be deemed repealed.
     9    § 2. This act shall take effect immediately; provided,  however,  that
    10  if  this act shall have become a law after June 30, 2024, this act shall
    11  take effect immediately and shall be deemed to have been in  full  force
    12  and effect on and after June 30, 2024.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15552-02-4
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