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S1425Senate2015-2016 SessionSame asA7340

Provides for the appointment of foreclosure receivers and managing agents in cities having a population of one million or more

Sponsor Gustavo RiveraSD-33+1 co-sponsorAffects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

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Who cares

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Sponsors

Primary sponsor
Gustavo Rivera

Senator · Senate District 33

1 Co-sponsor

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

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.

A7340Assembly

Provides for the appointment of foreclosure receivers and managing agents in N.Y. city

In Assembly Committee · Judiciary · Sponsor Victor M. Pichardo

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1425

Title of bill

An act to amend the real property actions and proceedings law, in relation to the appointment of receivers in actions to foreclose a mortgage

Purpose

Enables agencies with the jurisdictional power to administer and enforce the statutes, laws, rules and regulations, relating to the operation, repair and maintenance of residential real property to appoint a list of qualified potential receivers or managing agents.

Summary of provisions

Subdivision one of section 1325 of the real property actions and proceedings law is amended by the addition of section (b). The new sections requires that cities with a population of one million or more persons give authority to appropriate agency to create a list of potential receivers or managing agents.

Justification

At the height of the housing boom, speculators purchased multi-family housing at inflated prices using unrealistic expectations of future revenue. This has led to situations where owners cannot afford to pay the debt service on the large loans they took out. Many tenants now find their buildings to be in significant disrepair as owners have cut back on maintenance as well.

When a property enters foreclosure, the judge appoints a receiver to manage the property during the foreclosure process. Currently, judges have complete discretion which maybe at no fault of the judge, can lead to receivers that are not prepared or qualified to manage distressed multifamily property. This leads bad properties to languish in disrepair or decent properties to decline.

This piece of legislation will allow appropriate agencies to state who they find qualified to be receivers or managing agents. This list would hold these agencies accountable for their appointments, which is not the case currently. This ensures that those who are appointed as receivers or managing agents are qualified individuals.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.