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A02625 Summary:

BILL NOA02625
 
SAME ASSAME AS S03320
 
SPONSORDinowitz
 
COSPNSRGlick, Paulin, Ortiz, Weprin, Jacobson
 
MLTSPNSR
 
Amd §777, RPAP L
 
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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A02625 Actions:

BILL NOA02625
 
01/24/2019referred to judiciary
03/05/2019reported referred to codes
03/12/2019reported
03/14/2019advanced to third reading cal.132
03/18/2019passed assembly
03/18/2019delivered to senate
03/18/2019REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
01/08/2020DIED IN SENATE
01/08/2020RETURNED TO ASSEMBLY
01/08/2020ordered to third reading cal.117
01/15/2020passed assembly
01/15/2020delivered to senate
01/15/2020REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
02/12/2020SUBSTITUTED FOR S3320
02/12/20203RD READING CAL.390
02/12/2020PASSED SENATE
02/12/2020RETURNED TO ASSEMBLY
10/30/2020delivered to governor
11/11/2020signed chap.251
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A02625 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2625
 
SPONSOR: Dinowitz
  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 peti- tion   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: 2017-18 - A.255- Passes Assembly/S.350 - - Referred to Housing, Construction and Community Development 2015-16- A.406 - Passed Assembly/S.1309 - Referred to Housing, Construction and Community Development 2013-14- A.355- Passed Assembly/S.113- Referred to Housing, Construction and Community Development 2011-12- A.715- Passed Assembly/S.1021- Referred to Rules 2009-10- A.536- passes Assembly/S.7552- Referred to Housing, Construction and Community Development 2007-08- A.479A- Passed Assembly 2005-06- A.1243-Passed Assembly/S.3140- Referred to Judiciary 2003-04- A.2895-Passed Assembly/ S.6758- Referred to Judiciary   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A02625 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2625
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2019
                                       ___________
 
        Introduced  by  M. of A. DINOWITZ, GLICK, PAULIN, ORTIZ -- read once and
          referred to the Committee on Judiciary
 
        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:
 
     1    Section 1. Subdivision a of section 777 of the real  property  actions
     2  and  proceedings  law,  as  added by chapter 909 of the laws of 1965, is
     3  amended to read as follows:
     4    a. If, after a trial, the court shall determine that the facts alleged
     5  in the petition have been affirmatively established by the  petitioners,
     6  that  no defense thereto specified in section seven hundred seventy-five
     7  of this article has been affirmatively established by  the  owner  or  a
     8  mortgagee  or  lienor of record, and that the facts alleged in the peti-
     9  tion warrant the granting of the relief sought, and if the owner or  any
    10  mortgagee  or lienor of record or other person having an interest in the
    11  property, shall apply to the court to be permitted to remove  or  remedy
    12  the  conditions specified in such petition and shall (1) demonstrate the
    13  ability promptly to undertake the work required; and (2)  post  security
    14  for  the  performance  thereof  within  the  time, and in the amount and
    15  manner, deemed necessary by the  court,  then  the  court,  in  lieu  of
    16  rendering  judgment  as provided in section seven hundred seventy-six of
    17  this article, may issue an order permitting such person to  perform  the
    18  work  within  a  time fixed by the court but in no event more than sixty
    19  days from the date of the order of the court unless the court grants  an
    20  extension  of time for good cause shown. The provisions of this subdivi-
    21  sion shall only be available  to  the  mortgagee  or  lienor  once  with
    22  respect to any petition filed pursuant to this article.
    23    §  2.  This  act shall take effect on the thirtieth day after it shall
    24  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00633-01-9
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