Bill Text: NY S01341 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - SUBSTITUTED BY A966 [S01341 Detail]

Download: New_York-2023-S01341-Introduced.html

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                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.