Amd §796-k, RPAP L; amd §2, Chap of 2022 (as proposed in S.6721 & A.3241)
Relates to information available for inspection during certain special proceedings by certain tenants for judgment directing deposit of rents that are in the possession of the department charged with the enforcement of the housing maintenance code of the municipality; relates to the effectiveness of such provisions.
STATE OF NEW YORK
________________________________________________________________________
1341
2023-2024 Regular Sessions
IN SENATE
January 11, 2023
___________
Introduced by Sen. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 1341 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.
