Bill Text: NY S05081 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the management of buildings for which administrators have been appointed.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-06-30 - SIGNED CHAP.48 [S05081 Detail]
Download: New_York-2015-S05081-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5081 2015-2016 Regular Sessions I N S E N A T E 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 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in effect 7 until June 30, [2015] 2018, when upon such date the provisions of this 8 act shall expire and be deemed repealed. 9 S 2.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 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 S 3. This act shall take effect immediately.