Bill Text: NY S01960 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that receivership shall not be material nor a defense to the appointment of an administrator, pursuant to provisions of the real property actions and proceedings law relating to special proceedings by tenants of dwellings in the city of New York, to deposit rent and make repairs to multiple dwellings, although a receiver in foreclosure may participate in such proceeding and may be appointed as administrator if the court so decides; provides that a receiver need not be named as a party or served with process in such special proceeding; requires receiver to register with the municipal department within seven days of appointment or else any action taken by such receiver may be voided by the court.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-14 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01960 Detail]

Download: New_York-2011-S01960-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1960
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 14, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 proceedings to deposit rents
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property actions and proceedings law is amended by
    2  adding a new section 773-a to read as follows:
    3    S  773-A.  RECEIVERSHIP  NOT  MATERIAL. 1. RECEIVERSHIP SHALL NOT BE A
    4  DEFENSE TO ANY SPECIAL PROCEEDING PURSUANT TO THIS ARTICLE AND  NO  SUCH
    5  PROCEEDING  SHALL  BE ADJOURNED, DELAYED OR DISMISSED EITHER BECAUSE THE
    6  PETITIONER HAS  NOT  OR  PETITIONERS  HAVE  NOT  REQUESTED  OR  RECEIVED
    7  APPROVAL  OF  SUCH  PROCEEDING BY THE SUPREME COURT OR A LAWSUIT HAS NOT
    8  BEEN AUTHORIZED AGAINST A RECEIVER APPOINTED BY SUCH COURT OR A RECEIVER
    9  HAS NOT BEEN NAMED OR SERVED WITH PROCESS IN SUCH PROCEEDING.
   10    2. THIS SECTION SHALL NOT PROHIBIT  A  RECEIVER  IN  FORECLOSURE  FROM
   11  PARTICIPATION IN SUCH PROCEEDING, IF SUCH RECEIVER SO DESIRES.
   12    S  2.  Section 778 of the real property actions and proceedings law is
   13  amended by adding a new subdivision 11 to read as follows:
   14    11. THE EXISTENCE  OF  A  RECEIVER  FOR  THE  DWELLING  PRIOR  TO  THE
   15  COMMENCEMENT  OF  THE PROCEEDING, OR APPLICATION FOR OR APPOINTMENT OF A
   16  RECEIVER AT ANY TIME PRIOR TO JUDGMENT OR APPOINTMENT OF AN  ADMINISTRA-
   17  TOR PURSUANT TO THIS ARTICLE, SHALL NOT AFFECT THE POWER OF THE COURT TO
   18  APPOINT  OR  CONTINUE  THE  APPOINTMENT OF SUCH AN ADMINISTRATOR, EXCEPT
   19  THAT THE RIGHTS OF THE OWNER, INCLUDING THE RIGHTS TO ANY SURPLUS PURSU-
   20  ANT TO PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, SHALL  PASS  TO
   21  THE  RECEIVER.  IF SUCH RECEIVER HAS BEEN APPOINTED PRIOR TO APPOINTMENT
   22  OF AN ADMINISTRATOR, THE COURT MAY APPOINT SUCH RECEIVER AS  ADMINISTRA-
   23  TOR  UNDER  CIRCUMSTANCES  WHERE IT IS CONVINCED THAT SUCH RECEIVER WILL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07089-01-1
       S. 1960                             2
    1  PROPERLY UNDERTAKE RESPONSIBILITY FOR CORRECTING ALL THE VIOLATIONS  AND
    2  DANGEROUS CONDITIONS, AND PROVIDE NECESSARY SERVICES TO THE DWELLING.
    3    S  3. Section 1325 of the real property actions and proceedings law is
    4  amended by adding three new subdivisions 4, 5 and 6 to read as follows:
    5    4. ANY ORDER PURSUANT TO THIS  ARTICLE  WHICH  DOES  NOT  INCLUDE  THE
    6  PROVISIONS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, SHALL BE VOID-
    7  ABLE.
    8    5.  IF  ANY  RECEIVER  DOES NOT REGISTER WITH THE MUNICIPAL DEPARTMENT
    9  WITHIN SEVEN DAYS AFTER THE DATE OF THE ORDER APPOINTING SUCH  RECEIVER,
   10  ALL  ACTIONS TAKEN BY SUCH RECEIVER AFTER SAID SEVENTH DAY MAY BE VOIDED
   11  BY THE COURT; SUCH RECEIVER IS STAYED FROM COMMENCING ANY ACTIONS IN ANY
   12  COURT UNTIL HE OR SHE IS SO REGISTERED.
   13    6. WHEN ANY RECEIVER IS APPOINTED PURSUANT TO THIS SECTION, NO  TENANT
   14  OR  MUNICIPAL  AGENCY IS REQUIRED TO GET PRIOR APPROVAL FROM THE SUPREME
   15  COURT BEFORE COMMENCING ANY ACTION AGAINST SAID RECEIVER.
   16    S 4. This act shall take effect on the first of October next  succeed-
   17  ing the date on which it shall have become a law.