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.
STATE OF NEW YORK
________________________________________________________________________
1021
2011-2012 Regular Sessions
IN SENATE(Prefiled)
January 5, 2011
___________
Introduced by Sen. PERALTA -- 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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04360-01-1
S. 1021 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 § 2. This act shall take effect on the thirtieth day after it shall
4 have become a law.
