Bill Text: NY A07913 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the management of buildings for which administrators have been appointed.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-06-17 - substituted by s5081 [A07913 Detail]

Download: New_York-2015-A07913-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7913
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 29, 2015
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Housing
       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    S 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    8  act shall expire and be deemed repealed.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    S 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
   21  designee shall consent, in writing, to such appointment. Any administra-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10776-01-5
       A. 7913                             2
    1  tor  is authorized and empowered in accordance with the direction of the
    2  court, to order the necessary materials, labor and services to remove or
    3  remedy the conditions specified in the judgment, and to  make  disburse-
    4  ments  in  payment thereof; and to demand, collect and receive the rents
    5  from the tenants; and  to  institute  all  necessary  legal  proceedings
    6  including,  but  not  limited to, summary proceedings for the removal of
    7  any tenant or tenants; and to rent or  lease  for  terms  not  exceeding
    8  three years any part of said premises, however, the court may direct the
    9  administrator  to  rent  or  lease commercial parts of said premises for
   10  terms that the court may approve. In  addition,  such  administrator  is
   11  authorized  and  empowered in accordance with the direction of the court
   12  to accept and repay such moneys as may be received from  the  department
   13  charged  with enforcement of the housing maintenance code of the city of
   14  New York for the purpose of MANAGING THE PREMISES, replacing or substan-
   15  tially  rehabilitating  systems  or  making  other  repairs  or  capital
   16  improvements authorized by the court. All moneys expended by the depart-
   17  ment  pursuant to the foregoing shall constitute a debt recoverable from
   18  the owner and a lien upon the building and lot, and upon the  rents  and
   19  other income thereof. Such lien shall be enforced in accordance with the
   20  provisions  of  article  eight of subchapter five of the housing mainte-
   21  nance code of the city of New  York.  Such  administrator,  shall,  upon
   22  completion  of the work prescribed in such judgment, file with the court
   23  a full accounting of all receipts and expenditures for such  work.  Such
   24  administrator shall dispose of the rents and other monies deposited with
   25  such administrator according to the following order of priority:
   26    S 3. This act shall take effect immediately.