New York State Assembly

 
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A00966 Summary:

A00966 Actions:

A00966 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:01/18/2023AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Lavine
Aye
Tannousis
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Steck
Aye
Brown
Nay
Seawright
Aye
Flood
Nay
Joyner
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/18/2023AYE/NAY:20/9  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Excused
Hawley
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00966 Floor Votes:

A00966 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           966
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Judiciary
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 796-k of the real property actions and proceedings
     2  law, as added by a chapter of the laws of 2022 amending the real proper-
     3  ty actions and  proceedings  law  relating  to  special  proceedings  by
     4  tenants  of  dwellings outside the city of New York and certain counties
     5  for judgment directing deposit of rents and  the  use  thereof  for  the
     6  purpose  of remedying conditions dangerous to life, health or safety, as
     7  proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
     8  read as follows:
     9    § 796-k. Presentation or  settlement  of  accounts.  The  court  shall
    10  require  the  keeping  of  written  accounts  itemizing the receipts and
    11  expenditures for work  performed  under  an  order  issued  pursuant  to
    12  section seven hundred ninety-six-h or seven hundred ninety-six-i of this
    13  article, which shall be open to inspection by the owner of the dwelling,
    14  or  any  mortgagee  or  lienor or any other person having an interest in
    15  such receipts or expenditures provided,  however,  that  notwithstanding
    16  any  other  provision of law to the contrary, such information as may be
    17  in the possession of the department charged with the enforcement of  the
    18  housing  maintenance  code of the [county or city] municipality shall be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03956-01-3
        A. 966                              2
 
     1  available from such department for inspection only by the owner  of  the
     2  dwelling,  the  tenant  of  the  dwelling, or a person having a recorded
     3  interest in the property. Upon motion of the court or the  administrator
     4  or  of  the  owner,  any  mortgagee or lienor of record or of any person
     5  having an interest, the court may require a presentation  or  settlement
     6  of  the  accounts with respect thereto. Notice of a motion for presenta-
     7  tion or settlement of such accounts shall be served on  the  owner,  any
     8  mortgagee  or  other lienor of record who appeared in the proceeding and
     9  any person having an interest in such receipts or expenditures.
    10    § 2. Section 2 of a chapter of the laws  of  2022  amending  the  real
    11  property  actions and proceedings law relating to special proceedings by
    12  tenants of dwellings outside the city of New York and  certain  counties
    13  for  judgment  directing  deposit  of  rents and the use thereof for the
    14  purpose of remedying conditions dangerous to life, health or safety,  as
    15  proposed in legislative bills numbers S. 6721 and A. 3241, is amended to
    16  read as follows:
    17    §  2.  This  act  shall  take  effect [immediately] on the one hundred
    18  eightieth day after it shall have become a law.
    19    § 3. This act shall take effect immediately; provided,  however,  that
    20  section  one  of  this act shall take effect on the same date and in the
    21  same manner as a chapter of the laws of 2022 amending the real  property
    22  actions  and  proceedings law relating to special proceedings by tenants
    23  of dwellings outside the city of New York and certain counties for judg-
    24  ment directing deposit of rents and the use thereof for the  purpose  of
    25  remedying conditions dangerous to life, health or safety, as proposed in
    26  legislative bills numbers S. 6721 and A. 3241, takes effect.