senate Bill S1887

Relates to certain holdover tenants

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 27 / Feb / 2013
    • 1ST REPORT CAL.92
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 28 / Apr / 2014
    • 1ST REPORT CAL.378
  • 29 / Apr / 2014
    • 2ND REPORT CAL.
  • 30 / Apr / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants.

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Bill Details

See Assembly Version of this Bill:
A1097
Versions:
S1887
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง753, RPAP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4079, A164
2009-2010: S2599B, A3646B
2007-2008: A6892A

Votes

Sponsor Memo

BILL NUMBER:S1887 REVISED 6/6/14

TITLE OF BILL: An act to amend the real property actions and
proceedings law, in relation to certain holdover tenants

PURPOSE OR GENERAL IDEA OF BILL: To modify the provisions of the Real
Property Actions and Proceedings Law to better protect individuals for
whom finding similar housing in a limited period of time would
"occasion extreme hardship" from being evicted in areas outside of New
York City, where such protections already exist.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 1 of section 753 of the Real Property
Actions and Proceedings Law, which currently allows tenants in New
York City who are subject to a hold-over proceeding to be granted a
stay of eviction for a period of up to six months if they can
demonstrate similar housing is not otherwise available in the area
where they live or that it would "occasion extreme hardship" if the
stay was not granted, to make such provision applicable statewide.

Section 2: Effective date.

JUSTIFICATION: This legislation helps provide for an adequate time
for a person to transition from one residence to another if they can
demonstrate similar housing is not otherwise available in the area
where they live or that it would "occasion extreme hardship" if they
were not given additional time. This legislation is already in effect
in New York City, and this legislation extends that already existing
law throughout New York State.

LEGISLATIVE HISTORY: S.4079 of 2012: Died on Senate Floor Calendar,
Died on Assembly Floor Calendar S.4079 of 2011: Died on Senate Floor
Calendar, Died on Assembly Floor Calendar S.2599-B of 2010: Died in
Senate Judiciary. Died in Assembly Housing S.2599-A of 2009: Died in
Senate Codes, Died in Assembly Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall apply
to any proceeding to recover real property filed with any court of
competent jurisdiction on and after such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1887

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- 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 certain holdover tenants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading and subdivision 1 of section 753 of the
real  property  actions  and  proceedings  law,  the  section heading as
amended by chapter 870 of the laws of 1982, subdivision 1 as amended  by
chapter 305 of the laws of 1963, are amended to read as follows:
  Stay  where  tenant  holds  over  in  premises  occupied  for dwelling
purposes [in city of New York].  1.  In  a  proceeding  to  recover  the
possession  of  premises [in the city of New York] occupied for dwelling
purposes, other than a room or rooms in  an  hotel,  lodging  house,  or
rooming  house,  upon  the  ground that the occupant is holding over and
continuing in possession of the premises after the expiration of his  OR
HER term and without the permission of the landlord, or, in a case where
a  new  lessee  is entitled to possession, without the permission of the
new lessee, the court, on application of  the  occupant,  may  stay  the
issuance  of  a warrant and also stay any execution to collect the costs
of the proceeding for a period of  not  more  than  six  months,  if  it
appears  that  the  premises  are  used  for dwelling purposes; that the
application is made in good faith; that the applicant cannot within  the
neighborhood  secure  suitable premises similar to those occupied by him
OR HER and that he OR SHE made due and reasonable efforts to secure such
other premises, or that by reason  of  other  facts  it  would  occasion
extreme hardship to [him or his] THE APPLICANT OR THE APPLICANT'S family
if  the  stay  were  not granted.   IN AN APPLICATION BROUGHT IN TOWN OR
VILLAGE COURTS, THE TERM  "NEIGHBORHOOD"  SHALL  BE  CONSTRUED  TO  MEAN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03664-01-3

S. 1887                             2

EITHER  THE  SAME TOWN OR VILLAGE WHERE THE APPLICANT NOW RESIDES, OR IF
THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER, "NEIGH-
BORHOOD" SHALL MEAN THE SCHOOL DISTRICT WHERE SUCH  CHILDREN  ATTEND  OR
ARE ELIGIBLE TO ATTEND.
  S  2.  This  act  shall take effect immediately and shall apply to any
proceeding to recover real property filed with any  court  of  competent
jurisdiction on and after such effective date.

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