Requires any court which holds a special proceeding to recover real property to establish an escrow account where the tenant shall submit any owed rent into such account.
STATE OF NEW YORK
________________________________________________________________________
6415
2023-2024 Regular Sessions
IN SENATE
April 18, 2023
___________
Introduced by Sen. COMRIE -- 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 and the
New York city civil court act, in relation to the establishment of an
escrow account
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 701 of the real property actions and proceedings
2 law is amended by adding a new subdivision 3 to read as follows:
3 3. Any court which holds a special proceeding to recover real property
4 shall establish an escrow account. In order to appear in any such court,
5 a tenant shall submit any owed rent into such escrow account.
6 § 2. Section 769 of the real property actions and proceedings law is
7 amended by adding a new subdivision 3 to read as follows:
8 3. Each court which holds special proceedings pursuant to subdivision
9 one of this section shall establish an escrow account. In order to
10 appear in such court, a tenant shall submit any owed rent into such
11 escrow account.
12 § 3. Section 791 of the real property actions and proceedings law is
13 amended by adding a new subdivision 3 to read as follows:
14 3. Each court which holds special proceedings pursuant to subdivision
15 one of this section shall establish an escrow account. In order to
16 appear in court, a tenant shall submit any owed rent into such escrow
17 account.
18 § 4. Section 796-a of the real property actions and proceedings law is
19 amended by adding a new subdivision 5 to read as follows:
20 5. Each court which holds special proceedings pursuant to subdivision
21 one of this section shall establish an escrow account. In order to
22 appear in such court, a tenant shall submit any owed rent into such
23 escrow account.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10802-03-3
S. 6415 2
1 § 5. Section 204 of the New York city civil court act, as amended by
2 chapter 36 of the laws of 2023, is amended to read as follows:
3 § 204. Summary proceedings. 1. The court shall have jurisdiction over
4 summary proceedings to recover possession of real property located with-
5 in the city of New York, to remove tenants therefrom, and to render
6 judgment for rent due without regard to amount, and in such a proceeding
7 after the court has determined that a warrant of eviction be issued, it
8 shall not be necessary for the court to sign the warrant, but it may be
9 signed by the clerk of said court. The court shall also have jurisdic-
10 tion over special proceedings by tenants of multiple dwellings in the
11 city of New York for judgment directing deposit of rents and the use
12 thereof for the purpose of remedying conditions dangerous to life,
13 health or safety, as authorized by article [seven-a] seven-A of the real
14 property actions and proceedings law.
15 2. Each court which holds special proceedings pursuant to subdivision
16 one of this section shall establish an escrow account. In order to
17 appear in such court, a tenant shall submit any owed rent into such
18 escrow account.
19 § 6. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law; provided, however, that the provisions of
21 section four of this act shall take effect on the same date and in the
22 same manner as chapter 677 of the laws of 2022, takes effect; provided,
23 further, that the provisions of section five of this act shall take
24 effect on the same date and in the same manner as chapter 36 of the laws
25 of 2023, takes effect.
