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Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires certain property owners who reside outside of the state to designate the secretary of state to be the agent upon whom summons may be served
In Assembly Committee · Codes · Sponsor Sam Hoyt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to service of process on certain property owners who reside outside of the state
Purpose
To require those who own residential property in Erie County but reside outside the State of New York to register with the Erie County Clerk's Office so that the New York Secretary of State may accept service on their behalf. This will allow the courts to have better access to these individuals or corporations for purpose of summons.
Summary of provisions
Section 1 amends Subdivision 3 of Section 308 of the Civil Practice Law by amending the law to add that businesses within cities with a population of 290,000 but under 300,000 shall designate the New York Secretary of State for service of process.
Read the full memo (631 words)
Section 1 amends Subdivision 3 of Section 308 of the Civil Practice Law to add Section 308-A adding to the law that individuals who reside outside of the State of New York but own residential property within Erie County shall designate the New York Secretary of State for service of process.
Section 1 amends Subdivision 3 of Section 311b of the Civil Practice Law to add that also non-domicillaries or unauthorized foreign corporations of the State of New York but own residential property within Erie County shall designate the New York Secretary of State for service of process.
Justification
The purpose of this bill is to eradicate housing violations and consequently improve the quality of life in Erie County and make the areas where these residences are located a safer, more desirable place to live. The largest isolated residential housing problem in the City of Buffalo and in Erie County is reaching residential property owners who are foreign corporations and those that reside outside of the State of New York. It is a growing concern because these properties have repeatedly shown to have housing code violations and are often abandoned. The owners of these properties are unreachable by the City of Buffalo, the County of Erie and the court system therein. Subsequently, in order to get through to these property owners this act will allow judges and justices to reach out to the owners of the problem properties and essentially get them into court in the most efficient manner in order to get the problems rectified.
This legislation requires owners who reside out of state or foreign corporations as a condition of recording a deed in the Erie County Clerk's Office to designate the New York Secretary of State as agent to accept service of process on their behalf. This will allow the Secretary of State to forward the summons to the property owners at their registered address.
This legislation enables the comes to locate and serve the people who do not reside in New York State, and the corporations who are foreign to New York State. The streamlining of service of process for any out-of-state landlord eases the burden on the court to both locate and bring to justice problem property owners for whom the courts have had difficulty finding. The improvement of dilapidated properties with Erie County is an important step in the revitalization of the area for both the quality of life and the peace of mind of residents.
Legislative history
2007-08: S.2337/A.3192, passed Senate both years. 2005-06: S.874/A.3065, passed Senate. 2004: S.7113-A/A.10392
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effect date are authorized and directed to be made on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.