Bill Text: NY S06415 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Requires any court which holds a special proceeding to recover real property to establish an escrow account where the tenant shall submit any owed rent into such account.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S06415 Detail]

Download: New_York-2023-S06415-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6415

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 18, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- 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 and the
          New York city civil court act, in relation to the establishment of  an
          escrow account

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 701 of the real property  actions  and  proceedings
     2  law is amended by adding a new subdivision 3 to read as follows:
     3    3. Any court which holds a special proceeding to recover real property
     4  shall establish an escrow account. In order to appear in any such court,
     5  a tenant shall submit any owed rent into such escrow account.
     6    §  2.  Section 769 of the real property actions and proceedings law is
     7  amended by adding a new subdivision 3 to read as follows:
     8    3. Each court which holds special proceedings pursuant to  subdivision
     9  one  of  this  section  shall  establish  an escrow account. In order to
    10  appear in such court, a tenant shall submit  any  owed  rent  into  such
    11  escrow account.
    12    §  3.  Section 791 of the real property actions and proceedings law is
    13  amended by adding a new subdivision 3 to read as follows:
    14    3. Each court which holds special proceedings pursuant to  subdivision
    15  one  of  this  section  shall  establish  an escrow account. In order to
    16  appear in court, a tenant shall submit any owed rent  into  such  escrow
    17  account.
    18    § 4. Section 796-a of the real property actions and proceedings law is
    19  amended by adding a new subdivision 5 to read as follows:
    20    5.  Each court which holds special proceedings pursuant to subdivision
    21  one of this section shall establish  an  escrow  account.  In  order  to
    22  appear  in  such  court,  a  tenant shall submit any owed rent into such
    23  escrow account.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10802-03-3
        S. 6415                             2

     1    § 5. Section 204 of the New York city civil court act, as  amended  by
     2  chapter 36 of the laws of 2023, is amended to read as follows:
     3    §  204. Summary proceedings. 1. The court shall have jurisdiction over
     4  summary proceedings to recover possession of real property located with-
     5  in the city of New York, to remove  tenants  therefrom,  and  to  render
     6  judgment for rent due without regard to amount, and in such a proceeding
     7  after  the court has determined that a warrant of eviction be issued, it
     8  shall not be necessary for the court to sign the warrant, but it may  be
     9  signed  by  the clerk of said court. The court shall also have jurisdic-
    10  tion over special proceedings by tenants of multiple  dwellings  in  the
    11  city  of  New  York  for judgment directing deposit of rents and the use
    12  thereof for the purpose  of  remedying  conditions  dangerous  to  life,
    13  health or safety, as authorized by article [seven-a] seven-A of the real
    14  property actions and proceedings law.
    15    2.  Each court which holds special proceedings pursuant to subdivision
    16  one of this section shall establish an escrow  account.    In  order  to
    17  appear  in  such  court,  a  tenant shall submit any owed rent into such
    18  escrow account.
    19    § 6. This act shall take effect on the one hundred eightieth day after
    20  it shall have become a law; provided, however, that  the  provisions  of
    21  section  four  of this act shall take effect on the same date and in the
    22  same manner as chapter 677 of the laws of 2022, takes effect;  provided,
    23  further,  that  the  provisions  of  section five of this act shall take
    24  effect on the same date and in the same manner as chapter 36 of the laws
    25  of 2023, takes effect.