BILL NUMBER: S137
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law and the
New York city civil court act, in relation to the establishment of an
escrow account
 
PURPOSE:
This bill creates a court ordered escrow account to ensure tenants
continue paying rent while undergoing any court related proceedings
relative to their dwelling as such proceedings are being resolved in
court.
 
SUMMARY OF PROVISIONS:
Section 1 adds subdivision 3 to section 701 of the real property and
proceedings law (RPAPL) requires tenants make payments to court escrow
account in order to appear in court relative to recover possession of
real property.
Section 2 adds subdivision 3 to section 769 of the RPAPL to require
tenants make payments to court escrow account in order to appear in such
court relative to special proceedings in New York city, Westchester,
Nassau, Suffolk and Rockland counties.
Section 3 adds subdivision 3 to section 791 of RPAPL requires tenants
make payments to court escrow account in order to appear in such court
relative to removal of abandoned manufactured homes.
Section 4 adds subdivision 5 to section 796-a RPAPL requiring tenants
submit payments to an escrow account in order to appear in such court
relative to remedying cases related to safety, health, and welfare.
Section 5 amends section 204 of the New York city civil court act, as
amended by chapter 36 of the laws of 2023 is amended to provide court
jurisdiction over summary proceedings relative to foreclosure, removing
tenants as needed, render judgement for rent, and allows the court clerk
to sign an eviction, rather than the court itself. The court would also
have jurisdiction over special proceedings for tenants in multiple
dwellings relative to directing deposits of rents and the use thereof
for the purpose of remedying conditions related to the health, safety
and welfare of real property.
Section 6 provides the effective date.
 
JUSTIFICATION:
Due to the backlog of court cases relative to landlord tenant disputes
and the limitation of resources for HCR, this bill would ensure that any
tenant who is serious about getting somewhere with a complaint can show
in good faith their commitment to the property by making escrow payments
to the court in order for the court to speed up the decision with which
a building owner will have to make necessary adjustments to the property
to better serve their tenants. Additionally, there have been cases
across New York City in which a tenant-landlord dispute has been a mech-
anism for tenants to skirt the financial requirements of their lease by
citing property issues. While it's important that all landlords remain
in compliance, many of these cases have shown no resolve lasting
anywhere from a year and a half to three years.
 
LEGISLATIVE HISTORY:
2024: S6415 Comrie/ A8599 Vanel
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
One hundred and eightieth day from passage.

Statutes affected:
S137: 701 real property actions and proceedings law, 769 real property actions and proceedings law, 791 real property actions and proceedings law, 796-a real property actions and proceedings law