Bill Text: NY A00355 | 2013-2014 | General Assembly | Introduced

---

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 5-0)

Status: (Engrossed - Dead) 2014-01-14 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A00355 Detail]

Download: New_York-2013-A00355-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          355
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. GLICK,
         ORTIZ,  PAULIN,  WEISENBERG -- 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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00346-01-3
       A. 355                              2
    1  SION SHALL ONLY BE AVAILABLE  TO  THE  MORTGAGEE  OR  LIENOR  ONCE  WITH
    2  RESPECT TO ANY PETITION FILED PURSUANT TO THIS ARTICLE.
    3    S  2.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law.