What's happening
This bill limits court-issued consent orders for property repairs to 60 days, with extensions for good cause, and restricts repeat use by mortgagees or lienholders.
Why it matters
Imposes a firm timeline. By capping the initial consent order period at 60 days (with extensions only for "good cause"), the bill aims to ensure that necessary repairs or remediation on a property are completed quickly, reducing prolonged unsafe or substandard living conditions for tenants or occupants.
Prevents procedural abuse. Limiting mortgagees or lienholders to a single use of this provision per petition closes potential loopholes where financial stakeholders might repeatedly delay compliance with court-ordered repairs, thereby prioritizing the well-being and rights of those living in the affected property.
Strengthens accountability. By requiring proof of ability to perform repairs and posting of security, the bill reinforces that only those serious and capable of remediating conditions may delay judgment, discouraging stalling tactics and promoting responsible property stewardship.
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Who cares
Headline styles
Limit Repairs to 60 Days
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Substituted by A2625
- Ordered to third reading cal.390
- Reported and committed to rules
- Referred to housing, construction and community development
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.324
- 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.
Set Time Limits for Repairs
Signed by Governor · Sponsor Jeffrey Dinowitz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3320
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the real property actions and proceedings law, in relation to establishing time restrictions for court issued consent orders for work performance to remove or remedy conditions in such petition
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision a of section 777 of the real property actions and proceedings law, as added by chapter 909 of the laws of 1965, is amended to read as follows:
a. If, after a trial, the court shall determine that the facts alleged in the petition have been affirmatively established by the petitioners, that no defense thereto specified in section seven hundred seventy-five of this article has been affirmatively established by the owner or a mortgagee or lienor of record, and that the facts alleged in the petition warrant the granting of the relief sought, and if the owner or any mortgagee or lienor of record or other person having an interest in the property, shall apply to the court to be permitted to remove or remedy the conditions specified in such petition and shall (1) demonstrate the ability promptly to undertake the work required; and (2) post security for the performance thereof within the time, and in the amount and manner, deemed necessary by the court, then the court, in lieu of rendering judgment as provided in section seven hundred seventy-six of this article, may issue an order permitting such person to perform the work within a time fixed by the court but in no event more than sixty days from the date of the order of the court unless the court grants an extension of time for good cause shown. The provisions of this subdivision shall only be available to the mortgagee or lienor once with respect to any petition filed pursuant to this article.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00633-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the real property actions and proceedings law, in relation to establishing time restrictions for court issued consent orders for work performance to remove or remedy conditions in such peti- tion
Purpose
Requires the timely and complete removal of existing building code violations within apartment buildings and closes loopholes that allow negligent landlords to retain control of rental property that they do not repair unless the court grants an extension of time for good cause shown.
Summary of provisions
The bill amends Subdivision (a) of Section 777 of the real property actions and proceedings law. It sets the time that a court may grant for work to be completed to remedy housing code violations at 60 days and prohibits them from applying for a consent order more than once.
Justification
Although Article 7A of the Real Property Actions and Proceeding Law of New York State of 1978 authorizes housing courts to replace negligent landlords with court-appointed administrators, the court often permits the landlord to retain ownership of the property if he/she promises to fix the problems "with due diligence" in a certain period of time. Often these landlords do not take any steps to remedy the code violations and their actions can result in injury or even death for the tenants of the buildings they own. This bill would insure that landlords must make necessary repairs in a timely fashion or risk losing control over the property.
Legislative history
2017-2018: A.255 - Passes Assembly/S.350 - Referred to Housing, Construction and Community Development 2015-2016: A.406 - Passed Assembly/S.1309 - Referred to Housing, Construction and Community Development 2013-2014: A.355 - Passed Assembly/S.113 - Referred to Housing, Construction and Community Development 2011-2012: A.715 - Passed Assembly/S.1021 - Referred to Rules 2009-2010: A.536 - passes Assembly/S.7552 - Referred to Housing, Construction and Community Development 2007-2008: A.479A - Passed Assembly 2005-2006: A.1243 - Passed Assembly/S.3140 - Referred to Judiciary 2003-2004: A.2895 - Passed Assembly/S.6758 - Referred to Judiciary
Fiscal implications
None to the State.
Effective date
On the 30th day after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.