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S05081 Summary:

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S05081 Committee Votes:

S05081 Floor Votes:

S05081 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5081
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                     April 30, 2015
                                       ___________
 
        Introduced by Sen. YOUNG -- (at request of the NYC H.P.D.) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Housing, Construction and Community Development
 
        AN ACT to amend chapter 375 of the laws of 1999, amending the real prop-
          erty  actions  and proceedings law relating to new owners of buildings
          for which administrators have been appointed pursuant to  article  7-A
          of  such  law,  in relation to the effectiveness thereof; and to amend
          the real property actions and proceedings  law,  in  relation  to  the
          costs of managing such buildings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 2 of chapter 375 of the laws of 1999  amending  the
     2  real  property  actions  and  proceedings  law relating to new owners of
     3  buildings for which administrators have been appointed pursuant to arti-
     4  cle 7-A of such law, as amended by chapter 87 of the laws  of  2012,  is
     5  amended to read as follows:
     6    § 2. This act shall take effect immediately and shall remain in effect
     7  until  June  30, [2015] 2018, when upon such date the provisions of this
     8  act shall expire and be deemed repealed.
     9    § 2. The opening paragraph of subdivision 1 of section 778 of the real
    10  property actions and proceedings law, as amended by chapter 455  of  the
    11  laws of 2013, is amended to read as follows:
    12    The court is authorized and empowered, in implementation of a judgment
    13  rendered  pursuant to section seven hundred seventy-six or seven hundred
    14  seventy-seven of this article, to appoint a person other than the owner,
    15  a mortgagee or lienor, to receive and  administer  the  rent  moneys  or
    16  security  deposited with such owner, mortgagee or lienor, subject to the
    17  court's direction. The court may appoint the commissioner of the depart-
    18  ment of the city of New York charged with  enforcement  of  the  housing
    19  maintenance  code  of  such  city or the commissioner's designee as such
    20  administrator, provided that  the  commissioner  or  the  commissioner's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10776-01-5
        S. 5081                             2
 
     1  designee shall consent, in writing, to such appointment. Any administra-
     2  tor  is authorized and empowered in accordance with the direction of the
     3  court, to order the necessary materials, labor and services to remove or
     4  remedy  the  conditions specified in the judgment, and to make disburse-
     5  ments in payment thereof; and to demand, collect and receive  the  rents
     6  from  the  tenants;  and  to  institute  all necessary legal proceedings
     7  including, but not limited to, summary proceedings for  the  removal  of
     8  any  tenant  or  tenants;  and  to rent or lease for terms not exceeding
     9  three years any part of said premises, however, the court may direct the
    10  administrator to rent or lease commercial parts  of  said  premises  for
    11  terms  that  the  court  may approve. In addition, such administrator is
    12  authorized and empowered in accordance with the direction of  the  court
    13  to  accept  and repay such moneys as may be received from the department
    14  charged with enforcement of the housing maintenance code of the city  of
    15  New York for the purpose of managing the premises, replacing or substan-
    16  tially  rehabilitating  systems  or  making  other  repairs  or  capital
    17  improvements authorized by the court. All moneys expended by the depart-
    18  ment pursuant to the foregoing shall constitute a debt recoverable  from
    19  the  owner  and a lien upon the building and lot, and upon the rents and
    20  other income thereof. Such lien shall be enforced in accordance with the
    21  provisions of article eight of subchapter five of  the  housing  mainte-
    22  nance  code  of  the  city  of New York. Such administrator, shall, upon
    23  completion of the work prescribed in such judgment, file with the  court
    24  a  full  accounting of all receipts and expenditures for such work. Such
    25  administrator shall dispose of the rents and other monies deposited with
    26  such administrator according to the following order of priority:
    27    § 3. This act shall take effect immediately.