BILL NUMBER: S5622
SPONSOR: HOYLMAN-SIGAL
 
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 expanding the right to
seek the appointment of administrators of buildings, pursuant to article
7-A of the real property actions and proceedings law, to tenants and
local governments throughout the state and to make procedures conform
with realities of housing stock throughout the state; to amend chapter
570 of the laws of 1909 relating to the establishment of the city court
of Buffalo, in relation to actions and proceedings under article 7-A of
the real property actions and proceedings law; to amend chapter 464 of
the laws of 2021 relating to enacting the Rochester housing court act,
in relation to actions and proceedings under article 7-A of the real
property actions and proceedings law; and to repeal section 777 of the
real property actions and proceedings law relating thereto
 
PURPOSE:
This legislation expands the right to seek the appointment of adminis-
trators of buildings, pursuant to article 7-A, to tenants and local
governments throughout to make procedures conform with realities of
housing stock; repealer.
 
SUMMARY OF PROVISIONS:
Section 1. Subdivision 1 of section 769 of the real property actions and
proceedings law, as amended by chapter 877 of the laws of 1982, is
amended to read as follows:
1. A special proceeding by tenants of a dwelling in the city of New York
or the counties of Nassau, Suffolk, Rockland and Westchester or by the
department or agency of a city, town, village, or county responsible for
the enforcement of the multiple dwelling law, the multiple residence
law, the uniform fire prevention and building code, or any other law,
code or ordinance governing the occupancy and maintenance of residential
property or addressing conditions dangerous to health, life, and safety
in the municipality or county where the dwelling is located (hereinafter
in this article referred to as "the housing standards department") for a
judgement directing the deposit of rents into court and their use for
the purpose of remedying conditions dangerous to life, health or safety
may be maintained in the civil court of the city of New York, the
district court of the counties of Suffolk and Nassau, the housing courts
in the cities of Buffalo and Rochester, and the county courts (or), city
courts or town courts in the counties of Rockland and Westchester all
other c aunties.
3. For the purpose of this article, a business practice of neglect shall
be defined as a course of conduct comprising acts or omissions by the
owner, person acting on the owner's behalf, mortgagee, and/or lienor of
record, which results in a clear and convincing pattern of recurrent
qualifying conditions and/or code violations, even if no such conditions
or violations exist at the time of the filing of the petition. A quali-
fying condition for purposes of this article is a condition dangerous to
health, life, or safety. A clear and convincing pattern of recurrent
qualifying conditions and/or code violations exists when within the
twelve months preceding the date of the filing of the petition: (a) for
at least one-third of the dwelling units within the subject dwelling,
there have existed at least two qualifying conditions and/or code
violations for a qualifying condition; or (b) the sum of qualifying
conditions and/or code violations for a qualifying condition which have
existed within the subject dwelling or dwelling units therein equals or
exceeds twice the number of dwelling units; or (c) the sum of qualifying
conditions and/or violations for qualifying conditions which the owner
has failed to promptly correct within the subject dwelling or dwelling
units therein equals or exceeds the number dwelling units; or (d) for at
least one-third of the dwelling units within the subject dwelling, there
have existe d at least one qualifying condition and/or violation for a
qualifying condition, and a clear and convincing pattern of recurrent
qualifying conditions or code violations as defined in paragraph (a),
(b), or (c) of this subdivision exists in another dwelling within New
York state with the same owner.
 
JUSTIFICATION:
Tenants need improved living conditions and to create a path to not-for-
profit or tenant/community ownership through reform of the outdated "7A"
program, a program which currently allows tenants in New York City to
seek court administrators in properties that are extremely physically
distressed.
The statute - which has not changed since the 1970s - is no longer work-
ing well for the housing market of 2021. 7A court administrators are not
held to high standards for maintaining and operating buildings - in
fact, the standards are practically non-existent - and there are insuf-
ficient financial and other resources to support administrators in doing
an effective job. We are proposing key changes to the 7A statute to make
it easier for tenants to seek repairs/safe living conditions; make it
easier for buildings with persistent neglect to be transferred to
nonprofit ownership. Major parts of this reform include, (i) creating
new grounds for action/appointment of 7A administrators: a "business
practice of neglect" statute, and (ii) expanding the program to cover
the entire state.
 
LEGISLATIVE HISTORY:
S8117 of 2023-24: Died in Housing
A2194 of 2023-24: Died in Judiciary
A10407 of 21-22: Died in Judiciary
 
FISCAL IMPLICATION:
None
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that the amendments to
subdivision 10 of section 778 of the real property actions and
proceedings law made by section nine of this act shall not affect the
repeal of such subdivision and shall be deemed repealed therewith.

Statutes affected:
S5622: 769 real property actions and proceedings law, 769(1) real property actions and proceedings law, 771 real property actions and proceedings law, 774 real property actions and proceedings law, 775 real property actions and proceedings law, 775(c) real property actions and proceedings law, 777 real property actions and proceedings law, 779 real property actions and proceedings law, 782 real property actions and proceedings law, 783 real property actions and proceedings law