senate Bill S3169

Makes warrant execution, not issuance, following judgment for petitioner in summary proceeding to recover possession of real property act which annuls relationship

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Co-Sponsors

Bill Status


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

  • 31 / Jan / 2013
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • 08 / Jan / 2014
    • REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Summary

Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).

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Bill Details

See Assembly Version of this Bill:
A5348
Versions:
S3169
Legislative Cycle:
2013-2014
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง749, RPAP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S904, A3679
2009-2010: S3846A, A6015A
2007-2008: S7649, A9702

Sponsor Memo

BILL NUMBER:S3169

TITLE OF BILL: An act to amend the real property actions and
proceedings law, in relation to the effect of issuance and execution
of an eviction warrant

PURPOSE OR GENERAL IDEA OF BILL: To provide tenants with a fair
opportunity to satisfy judgments or contest a default before being
evicted.

SUMMARY OF PROVISIONS: Amends Subdivision 3 of Section 749 of the
Real Property Actions and proceedings Law to designate the execution
of the warrant rather that its issuance as the act that cancels the
tenancy agreement. Also gives the court discretion to vacate a
warrant.

JUSTIFICATION: Tenants who have defaulted in answering a dispossess -
e.g., because they were out of town or ill when it was served often
face an uphill battle in having the defaulting judgment and warrant
vacated. Often their success or failure hinges solely upon the whims
of the particular judge before whom they appear or upon whether they
have an attorney who can prepare good motion papers and strenuously
argue their case. The poor, the illiterate and the elderly often fall
prey to the draconian effects of the statute since they are least
knowledgeable concerning the law and being ill-equipped to
articulately show that there is good cause to vacate the warrant. New
York City Housing Authority v.Torres, 61 AD. 2d 681 (1978). By
amending the statute to clearly confer upon the court jurisdiction in
all cases until a warrant is executed, the bill would prevent many
unnecessary evictions and hardships suffered by any tenants. Judges
would still have the discretion as to whether to vacate the warrant on
any particular case. Most important, tenants would have an opportunity
to have their day in court in which they could explain why they should
not be evicted - rather than be told by judges that the court has lost
all jurisdiction be cause the court had issued a warrant of eviction.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately, and shall
apply to all causes of action on or after such date.

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

                                  3169

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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 the effect  of  issuance  and  execution  of  an  eviction
  warrant

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

  Section 1. Subdivision 3 of section 749 of the real  property  actions
and  proceedings  law, as amended by chapter 192 of the laws of 1975, is
amended to read as follows:
  3.  The [issuing] EXECUTION of a warrant for the removal of  a  tenant
cancels  the agreement under which the person removed held the premises,
and annuls the relation of landlord and tenant[, but  nothing  contained
herein  shall  deprive the court of the power to vacate such warrant for
good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI-
SION DOES NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH  WARRANT  AT
ANY  TIME.   Petitioner may recover by action any sum of money which was
payable at the time when the special proceeding was  commenced  and  the
reasonable  value of the use and occupation to the time when the warrant
was [issued] EXECUTED, for any period of time with respect to which  the
agreement does not make any provision for payment of rent.
  S  2.  This  act  shall take effect immediately and shall apply to all
causes of action occurring on or after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01253-01-3

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