Bill Text: NY S03320 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2020-11-11 - signed chap.251 [S03320 Detail]

Download: New_York-2019-S03320-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3320
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 5, 2019
                                       ___________
        Introduced  by  Sen. JACKSON -- 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 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