Amd §796-k, RPAP L; amd §2, Chap of 2022 (as proposed in S.6721 & A.3241)
Relates to information available for inspection during certain special proceedings by certain tenants for judgment directing deposit of rents that are in the possession of the department charged with the enforcement of the housing maintenance code of the municipality; relates to the effectiveness of such provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A966
SPONSOR: McDonald TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to information available for inspection during certain special
proceedings by tenants; and to amend a chapter of the laws of 2022
amending the real property actions and proceedings law relating to
special proceedings by tenants of dwellings outside the city of New York
and certain counties for judgment directing deposit of rents and the use
thereof for the purpose of remedying conditions dangerous to life,
health or safety, as proposed in legislative bills numbers S. 6721 and
A. 3241, in relation to the effectiveness thereof
PURPOSE:
The purpose of this bill is to amend Chapter 677 of the Laws of 2022 to
effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section 1 changes the term "county or city" to "municipality" for the
purpose of continuity throughout the law.
Section 2 amends a chapter of the laws of 2022 to amend the effective
date from immediately to one hundred and eighty days.
Section 3 establishes the effective date.
JUSTIFICATION:
Addressing nuisance real property issues is frequently a difficult task.
In many instances property owners and landlords are completely unrespon-
sive to criminal and/or civil enforcement proceedings.
In many instances effective remediation may only be achieved by having a
receiver appointed who has full legal authority to address the nuisance
and unsafe conditions.
Far too often tenants are in a position where they voice complaints
about the condition of their rental to their landlord with no remedy or
response. This bill aims to be another tool in the toolbox for munici-
palities and tenants to ensure a safe and well-maintained living envi-
ronment.
Receivership seeks to address these difficult to resolve situations that
plague our communities and neighborhoods. By providing this process as
an option, we seek to prevent tenants from being evicted and having
their lives disrupted. This bill makes technical edits to a chapter of
the laws of 2022 to ensure conformity in the law and also provide the
courts with adequate time to implement this new proceeding.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
Immediately, provided however that section one of this act shall take
effect on the same date and in the same manner as a chapter of the laws
of 2022 amending the real property actions and proceedings law relating
to special proceedings by tenants of dwellings outside the city of New
York and certain counties for judgment direction the deposits of rents
and sue thereof for the purpose of remedying conditions dangerous to
life, health or safety, as proposed in legislative bills numbers S.6721
an A.3241, takes effect.
