New York S 6721: Relates to special proceedings for judgment directing deposit of rents and the use thereof to remedying conditions dangerous to life, health or safety

Bill Text

STATE OF NEW YORK
________________________________________________________________________
6721
2021-2022 Regular Sessions
IN SENATE
May 13, 2021
___________
Introduced by Sen. RYAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation 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
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The real property actions and proceedings law is amended
2 by adding a new article 7-C to read as follows:
3 ARTICLE 7-C
4 SPECIAL PROCEEDINGS BY TENANTS OF DWELLINGS
5 FOR JUDGMENT DIRECTING DEPOSIT OF RENTS AND THE USE
6 THEREOF FOR THE PURPOSE OF REMEDYING CONDITIONS DANGEROUS
7 TO LIFE, HEALTH OR SAFETY
8 Section 796. Definitions.
9 796-a. Jurisdiction; court; venue.
10 796-b. Grounds for the proceeding.
11 796-c. Commencement; notice of petition; time and manner of
12 service.
13 796-d. Contents of petition.
14 796-e. Answer.
15 796-f. Trial.
16 796-g. Defenses.
17 796-h. Judgment.
18 796-i. Application by mortgagee or lienor of record or other
19 person having an interest in the property.
20 796-j. Appointment of administrator.
21 796-k. Presentation or settlement of accounts.
22 796-l. Waiver void.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD01841-01-1

S. 6721 2
1 796-m. Defense of warranty of habitability inapplicable.
2 § 796. Definitions. As used in this article:
3 1. "Owner" means the owner or owners of the dwelling, mortgagee or
4 vendee in possession, assignee of rents, receiver, executor, trustee,
5 lessee, agent, or any other person or entity directly or indirectly in
6 control of a dwelling, but shall not include a receiver appointed pursu-
7 ant to section three hundred nine of the multiple dwelling law.
8 2. "Dwelling" or "premises" means any building or structure or portion
9 thereof which is occupied in whole or in part as the home, residence or
10 sleeping place of one or more human beings and is either rented, leased,
11 let or hired out, to be occupied as such, including, but not limited to,
12 an apartment building, a condominium, a townhouse, a single-family house
13 or a multiple-family residence building. "Dwelling" or "premises" shall
14 also include premises zoned for mixed residential and commercial use,
15 provided that a portion of such premises are, in fact, occupied by one
16 or more tenants for residential purposes.
17 3. "Commissioner" means the commissioner, chief supervisor or chief
18 officer of a department.
19 4. "Department" means a department, agency or office.
20 5. "Municipality" means a county, city, town or village.
21 6. "Person" means an individual, partnership, corporation, associ-
22 ation, trust or other group or legal entity, however organized.
23 § 796-a. Jurisdiction; court; venue. 1. A special proceeding for a
24 judgment directing the deposit of rents into court and the use of such
25 monies for the purpose of remedying conditions at a dwelling dangerous
26 to life, health or safety may be maintained by tenant or tenants of the
27 dwelling in the county court, district court or city court having juris-
28 diction in the municipality in which the dwelling is located.
29 2. A special proceeding as described in subdivision one of this
30 section may also be commenced by the commissioner of the department
31 charged with enforcement of the housing maintenance code in the munici-
32 pality where the dwelling is located.
33 (a) If the proceeding is instituted by such commissioner, one-third or
34 more of the tenants of the dwelling may, at any time thereafter during
35 the pendency of the proceeding or after final judgment pursuant to
36 section seven hundred ninety-six-h or seven hundred ninety-six-i of this
37 article, petition for substitution of themselves in place and instead of
38 such commissioner. Such substitution shall be ordered by the court
39 unless good reason to the contrary shall be shown.
40 (b) A special proceeding pursuant to the provisions of this article
41 may only be commenced with respect to the same premises by one munici-
42 pality at a time.
43 3. The place of trial of the special proceeding shall be within the
44 county in which the dwelling or a portion thereof from which the rents
45 issue is situated.
46 4. The provisions of this article shall not apply to dwellings located
47 in the city of New York or in the counties of Nassau, Suffolk, Rockland
48 and Westchester or in any cities, towns or villages of such counties.
49 § 796-b. Grounds for the proceeding. One-third or more of the tenants
50 occupying a multiple residence dwelling or a tenant occupying a single
51 residence dwellin