Bill Text: NY A08599 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-12 - referred to judiciary [A08599 Detail]

Download: New_York-2023-A08599-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8599

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

        Introduced  by M. of A. VANEL -- read once and referred to the Committee
          on Judiciary

        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.
    24    §  5.  Section 204 of the New York city civil court act, as amended by
    25  chapter 36 of the laws of 2023, is amended to read as follows:
    26    § 204. Summary proceedings. 1. The court shall have jurisdiction  over
    27  summary proceedings to recover possession of real property located with-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10802-03-3
        A. 8599                             2

     1  in  the  city  of  New  York, to remove tenants therefrom, and to render
     2  judgment for rent due without regard to amount, and in such a proceeding
     3  after the court has determined that a warrant of eviction be issued,  it
     4  shall  not be necessary for the court to sign the warrant, but it may be
     5  signed by the clerk of said court. The court shall also  have  jurisdic-
     6  tion  over  special  proceedings by tenants of multiple dwellings in the
     7  city of New York for judgment directing deposit of  rents  and  the  use
     8  thereof  for  the  purpose  of  remedying  conditions dangerous to life,
     9  health or safety, as authorized by article [seven-a] seven-A of the real
    10  property actions and proceedings law.
    11    2. Each court which holds special proceedings pursuant to  subdivision
    12  one  of  this  section  shall establish an escrow account.   In order to
    13  appear in such court, a tenant shall submit  any  owed  rent  into  such
    14  escrow account.
    15    § 6. This act shall take effect on the one hundred eightieth day after
    16  it  shall  have  become a law; provided, however, that the provisions of
    17  section four of this act shall take effect on the same date and  in  the
    18  same  manner as chapter 677 of the laws of 2022, takes effect; provided,
    19  further, that the provisions of section five  of  this  act  shall  take
    20  effect on the same date and in the same manner as chapter 36 of the laws
    21  of 2023, takes effect.