NY State Assembly Bill 2009-A3646

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 10, 2010	print number 3646b
Jun 10, 2010	amend (t) and recommit to housing
Jan 06, 2010	referred to housing
Jun 02, 2009	reported referred to codes
May 26, 2009	print number 3646a
May 26, 2009	amend and recommit to housing
Jan 27, 2009	referred to housing

Bill Amendments

Original

B (Active)

2009-A3646 - Details

Current Committee:: Assembly Housing
Versions Introduced in Other Legislative Sessions:: 2011-2012: A164
2013-2014: A1097
2015-2016: A1049
2017-2018: A7170
2019-2020: A551

2009-A3646 - Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants; permits 6 month stay in certain cases of extreme hardship.

2009-A3646 - Bill Text download pdf

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

                                  3646

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. CAHILL, TITUS, BENEDETTO -- Multi-Sponsored by --
  M. of A. COOK -- read once and referred to the Committee on Housing

AN  ACT  to amend the real property law, in relation to providing for an
  extended stay for tenants who are disabled

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

  Section 1. Section 228 of the real property law, as amended by chapter
312 of the laws of 1962, is amended to read as follows:
  S  228.  Termination of tenancies at will or by sufferance, by notice.
1. A tenancy at will or by sufferance, however created,  may  be  termi-
nated  by  a written notice of not less than thirty days given in behalf
of the landlord, to the tenant, requiring him OR HER to remove from  the
premises;  which  notice  must  be  served,  either by delivering to the
tenant or to a person of suitable age and discretion, residing upon  the
premises,  or  if  neither the tenant nor such a person can be found, by
affixing it upon a conspicuous part of the premises,  where  it  may  be
conveniently read. At the expiration of thirty days after the service of
such  notice,  the  landlord may re-enter, maintain an action to recover
possession, or proceed, in the manner prescribed by law, to  remove  the
tenant, without further or other notice to quit.
  2.  (A)  IN A PROCEEDING TO RECOVER THE POSSESSION OF PREMISES OUTSIDE
THE CITY OF NEW YORK OCCUPIED FOR DWELLING PURPOSES, OTHER THAN  A  ROOM
OR  ROOMS  IN  A  HOTEL, LODGING HOUSE OR ROOMING HOUSE, UPON THE GROUND
THAT THE TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY ACTUALLY  RESIDING
ON  THE  PREMISES,  IS  DISABLED,  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 SUCH TENANT OR ANY MEMBER OF SUCH  TENANT'S
FAMILY  ACTUALLY  RESIDING  ON  THE PREMISES, MAY STAY THE ISSUANCE OF A
WARRANT AND ALSO STAY ANY    EXECUTION  TO  COLLECT  THE  COSTS  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-02-9

A. 3646                             2

PROCEEDING FOR A PERIOD OF NOT MORE THAN FOUR MONTHS, IF IT APPEARS THAT
THE  PREMISES  DESCRIBED IN THE PETITION 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 OCCU-
PIED 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 HER OR HIS OR  HER  FAMILY  IF
THE STAY WERE NOT GRANTED.
  (B)  SUCH  STAY  SHALL BE GRANTED AND CONTINUE EFFECTIVE ONLY UPON THE
CONDITION THAT THE PERSON AGAINST WHOM THE  JUDGMENT  IS  ENTERED  SHALL
MAKE  A  DEPOSIT  IN  COURT  OF THE ENTIRE AMOUNT, OR SUCH  INSTALLMENTS
THEREOF FROM TIME TO TIME, AS THE COURT MAY DIRECT, FOR  THE  OCCUPATION
OF  THE PREMISES FOR THE PERIOD OF THE STAY, AT THE RATE FOR WHICH HE OR
SHE WAS LIABLE AS RENT FOR THE MONTH IMMEDIATELY PRIOR TO THE EXPIRATION
OF HIS OR HER TERM OR TENANCY, PLUS SUCH ADDITIONAL AMOUNT, IF  ANY,  AS
THE  COURT  MAY DETERMINE TO BE THE DIFFERENCE BETWEEN SUCH RENT AND THE
REASONABLE RENT OR VALUE OF THE USE AND OCCUPATION OF THE PREMISES; SUCH
DEPOSIT SHALL ALSO INCLUDE ALL RENT UNPAID BY THE TENANT  PRIOR  TO  THE
STAY.  THE  AMOUNT OF SUCH DEPOSIT SHALL BE DETERMINED BY THE COURT UPON
THE APPLICATION FOR THE STAY AND SUCH DETERMINATION SHALL BE  FINAL  AND
CONCLUSIVE    IN  RESPECT  TO THE AMOUNT OF SUCH DEPOSIT, AND THE AMOUNT
THEREOF SHALL BE PAID INTO COURT, IN SUCH MANNER AND  IN  SUCH  INSTALL-
MENTS, IF ANY, AS THE COURT MAY DIRECT. A SEPARATE ACCOUNT SHALL BE KEPT
OF  THE  AMOUNT  TO THE CREDIT OF EACH PROCEEDING, AND ALL SUCH PAYMENTS
SHALL BE DEPOSITED IN A BANK OR TRUST COMPANY AND SHALL  BE  SUBJECT  TO
THE  CHECK  OF  THE CLERK OF THE COURT, IF THERE BE ONE, OR OTHERWISE OF
THE COURT. THE CLERK OF THE COURT, IF  THERE BE ONE,  OR  OTHERWISE  THE
COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY AUTHORIZED AGENT, THE
AMOUNT  OF  SUCH DEPOSIT IN ACCORDANCE WITH THE TERMS OF THE STAY OR THE
FURTHER ORDER OF THE  COURT.
  (C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PROCEEDING
WHERE THE PETITIONER SHOWS TO THE SATISFACTION OF THE  COURT THAT HE  OR
SHE  DESIRES  IN GOOD FAITH TO RECOVER THE PREMISES  FOR THE PURPOSES OF
DEMOLISHING SAME WITH THE INTENTION OF   CONSTRUCTING  A  NEW  BUILDING,
PLANS  FOR WHICH NEW BUILDING SHALL HAVE BEEN DULY FILED AND APPROVED BY
THE PROPER AUTHORITY; NOR SHALL   IT APPLY TO A  PROCEEDING  TO  RECOVER
POSSESSION UPON THE GROUND THAT A TENANT IS HOLDING OVER AND IS ENGAGING
IN  ILLEGAL  ACTIVITY ON THE PREMISES IF THE LANDLORD SHALL ESTABLISH TO
THE SATISFACTION OF THE COURT THAT  SUCH  TENANT  IS  ENGAGING  IN  SUCH
ACTIVITY.
  (D)  ANY  PROVISION OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE  OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE  DEEMED AGAINST
PUBLIC POLICY AND VOID.
  3. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS MEAN:
  (A) "FAMILY" MEANS THE HEAD OF THE HOUSEHOLD  AND  ANY  PERSON,  OTHER
THAN  A BONA FIDE ROOMER, BOARDER OR SUBTENANT WHO IS NOT RELATED TO THE
HEAD OF THE HOUSEHOLD, PERMANENTLY RESIDING IN THE DWELLING UNIT; AND
  (B) "DISABLED" MEANS THE SAME  AS  "DISABLED  PERSON"  AS  DEFINED  IN
SUBDIVISION  FIVE  OF  SECTION  TWO HUNDRED EIGHT OF THE SOCIAL SERVICES
LAW.
  S 2. Section 232-b of the real property law, as added by  chapter  813
of the laws of 1942, is amended to read as follows:
  S  232-b.  Notification  to  terminate monthly tenancy or tenancy from
month to month outside the city of New York. 1.  A  monthly  tenancy  or
tenancy from month to month of any lands or buildings located outside of
the  city  of  New  York may be terminated by the landlord or the tenant

A. 3646                             3

upon his OR HER notifying the other at least one month before the  expi-
ration of the term of his OR HER election to terminate; provided, howev-
er, that no notification shall be necessary to terminate a tenancy for a
definite term.
  2.    (A)  FOR THE PURPOSES OF THIS SECTION, THE TERM "DISABLED" MEANS
THE SAME AS "DISABLED PERSON" AS DEFINED IN SUBDIVISION FIVE OF  SECTION
TWO HUNDRED EIGHT OF THE SOCIAL SERVICES LAW.
  (B)  IN A PROCEEDING TO RECOVER THE POSSESSION OF PREMISES OUTSIDE THE
CITY OF NEW YORK OCCUPIED FOR DWELLING PURPOSES, OTHER THAN  A  ROOM  OR
ROOMS  IN  A HOTEL, LODGING HOUSE OR ROOMING HOUSE, UPON THE GROUND THAT
THE TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY  ACTUALLY  RESIDING  ON
THE  PREMISES, IS DISABLED, 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 SUCH TENANT OR ANY MEMBER OF SUCH TENANT'S FAMILY ACTUAL-
LY RESIDING ON THE PREMISES, 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 FOUR MONTHS, IF IT APPEARS THAT THE PREMISES DESCRIBED
IN THE PETITION 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 HER OR HIS OR HER FAMILY IF THE STAY WERE NOT GRANT-
ED.
  (C) SUCH STAY SHALL BE GRANTED AND CONTINUE EFFECTIVE  ONLY  UPON  THE
CONDITION  THAT  THE  PERSON  AGAINST WHOM THE JUDGMENT IS ENTERED SHALL
MAKE A DEPOSIT IN COURT OF THE ENTIRE  AMOUNT,  OR  SUCH    INSTALLMENTS
THEREOF  FROM  TIME TO TIME, AS THE COURT MAY DIRECT, FOR THE OCCUPATION
OF THE PREMISES FOR THE PERIOD OF THE STAY, AT THE RATE FOR WHICH HE  OR
SHE WAS LIABLE AS RENT FOR THE MONTH IMMEDIATELY PRIOR TO THE EXPIRATION
OF  HIS  OR HER TERM OR TENANCY, PLUS SUCH ADDITIONAL AMOUNT, IF ANY, AS
THE COURT MAY DETERMINE TO BE THE DIFFERENCE BETWEEN SUCH RENT  AND  THE
REASONABLE RENT OR VALUE OF THE USE AND OCCUPATION OF THE PREMISES; SUCH
DEPOSIT  SHALL  ALSO  INCLUDE ALL RENT UNPAID BY THE TENANT PRIOR TO THE
STAY. THE AMOUNT OF SUCH DEPOSIT SHALL BE DETERMINED BY THE  COURT  UPON
THE  APPLICATION  FOR THE STAY AND SUCH DETERMINATION SHALL BE FINAL AND
CONCLUSIVE  IN RESPECT TO THE AMOUNT OF SUCH  DEPOSIT,  AND  THE  AMOUNT
THEREOF  SHALL  BE  PAID INTO COURT, IN SUCH MANNER AND IN SUCH INSTALL-
MENTS, IF ANY, AS THE COURT MAY DIRECT. A SEPARATE ACCOUNT SHALL BE KEPT
OF THE AMOUNT TO THE CREDIT OF EACH PROCEEDING, AND  ALL  SUCH  PAYMENTS
SHALL  BE  DEPOSITED  IN A BANK OR TRUST COMPANY AND SHALL BE SUBJECT TO
THE CHECK OF THE CLERK OF THE COURT, IF THERE BE ONE,  OR  OTHERWISE  OF
THE  COURT.  THE  CLERK OF THE COURT, IF  THERE BE ONE, OR OTHERWISE THE
COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY AUTHORIZED AGENT, THE
AMOUNT OF SUCH DEPOSIT IN ACCORDANCE WITH THE TERMS OF THE STAY  OR  THE
FURTHER ORDER OF THE  COURT.
  (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PROCEEDING
WHERE  THE PETITIONER SHOWS TO THE SATISFACTION OF THE  COURT THAT HE OR
SHE DESIRES IN GOOD FAITH TO RECOVER THE PREMISES  FOR THE  PURPOSES  OF
DEMOLISHING  SAME  WITH  THE INTENTION OF   CONSTRUCTING A NEW BUILDING,
PLANS FOR WHICH NEW BUILDING SHALL HAVE BEEN DULY FILED AND APPROVED  BY
THE  PROPER  AUTHORITY;  NOR SHALL   IT APPLY TO A PROCEEDING TO RECOVER
POSSESSION UPON THE GROUND THAT A TENANT IS HOLDING OVER AND  IS  OBJEC-

A. 3646                             4

TIONABLE  IF  THE  LANDLORD  SHALL  ESTABLISH TO THE SATISFACTION OF THE
COURT THAT SUCH TENANT IS OBJECTIONABLE.
  (E)  ANY  PROVISION OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE  OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE  DEEMED AGAINST
PUBLIC POLICY AND VOID.
  S 3. This act shall take effect immediately and  shall  apply  to  any
eviction notice issued on and after such effective date.

2009-A3646A - Details

Current Committee:: Assembly Housing
Versions Introduced in Other Legislative Sessions:: 2011-2012: A164
2013-2014: A1097
2015-2016: A1049
2017-2018: A7170
2019-2020: A551

2009-A3646A - Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants; permits 6 month stay in certain cases of extreme hardship.

2009-A3646A - Sponsor Memo

2009-A3646A - Bill Text download pdf

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

                                 3646--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. CAHILL, TITUS, BENEDETTO -- Multi-Sponsored by --
  M. of A. COOK -- read once and referred to the Committee on Housing --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the real property law, in relation to providing  for  an
  extended stay for tenants who are disabled

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

  Section 1. Section 228 of the real property law, as amended by chapter
312 of the laws of 1962, is amended to read as follows:
  S 228. Termination of tenancies at will or by sufferance,  by  notice.
1.  A  tenancy  at will or by sufferance, however created, may be termi-
nated by a written notice of not less than thirty days given  in  behalf
of  the landlord, to the tenant, requiring him OR HER to remove from the
premises; which notice must be  served,  either  by  delivering  to  the
tenant  or to a person of suitable age and discretion, residing upon the
premises, or if neither the tenant nor such a person can  be  found,  by
affixing  it  upon  a  conspicuous part of the premises, where it may be
conveniently read. At the expiration of thirty days after the service of
such notice, the landlord may re-enter, maintain an  action  to  recover
possession,  or  proceed, in the manner prescribed by law, to remove the
tenant, without further or other notice to quit.
  2. (A) FOR THE PURPOSES OF THIS SECTION, "DISABLED" MEANS THE SAME  AS
"DISABLED  PERSON" AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED
EIGHT OF THE SOCIAL SERVICES LAW.
  (B) IN A PROCEEDING TO RECOVER THE POSSESSION OF A  PREMISES  PURSUANT
TO  ARTICLE  SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, THE
COURT, ON APPLICATION OF THE TENANT OR ANY MEMBER OF THE TENANT'S  IMME-
DIATE  FAMILY,  MAY APPLY TO STAY THE ISSUANCE OF A WARRANT FOR A PERIOD
OF NOT MORE THAN FOUR MONTHS. THE COURT MAY ONLY ISSUE THIS STAY IF  THE
PREMISES ARE OCCUPIED AS A PRIMARY RESIDENCE BY A TENANT WHO IS DISABLED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-03-9

A. 3646--A                          2

OR  IF  A MEMBER OF THE TENANT'S IMMEDIATE FAMILY IS DISABLED, THE PREM-
ISES ARE BEING USED FOR DWELLING PURPOSES, EXCLUDING A ROOM OR ROOMS  IN
A  HOTEL,  LODGING HOUSE, OR ROOMING HOUSE, AND THE PREMISES ARE LOCATED
OUTSIDE THE CITY OF NEW YORK.
  (C)  SUCH STAY SHALL BE GRANTED AND CONTINUE EFFECTIVE UPON THE CONDI-
TION THAT THE TENANT SHALL DEPOSIT IN COURT THE ENTIRE AMOUNT OF  UNPAID
RENT  AND  SUCH  INSTALLMENTS AS THE COURT MAY DIRECT FOR THE OCCUPATION
AND USE OF THE PREMISES FOR THE PERIOD OF THE  STAY.  THE  RATE  CHARGED
SHALL  BE THE SAME AMOUNT AS THE RENT FOR THE MONTH IMMEDIATELY PRIOR TO
THE EXPIRATION OF HIS OR HER TENANCY AND ANY ADDITIONAL AMOUNT, IF  ANY,
THE  COURT MAY DETERMINE TO BE THE REASONABLE VALUE OF THE USE AND OCCU-
PATION OF THE PREMISES. THE AMOUNT SHALL BE  PAID  INTO  COURT  IN  SUCH
MANNER  AND  IN  SUCH INSTALLMENTS, IF ANY, AS THE COURT MAY DIRECT. THE
CLERK OF THE COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY  AUTHOR-
IZED  AGENT  THE  AMOUNT OF SUCH DEPOSIT IN ACCORDANCE WITH THE TERMS OF
THE STAY OR THE FURTHER ORDER OF THE COURT.
  (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  IF  THE  PETI-
TIONER  SHOWS TO THE SATISFACTION OF THE COURT THAT HE OR SHE INTENDS TO
RECOVER THE PREMISES FOR THE PURPOSES OF DEMOLISHING  THE  PREMISES  AND
CONSTRUCTING  A  NEW  BUILDING. THE PETITIONER MUST PROVE THAT THE PLANS
FOR THE NEW BUILDING HAVE BEEN DULY FILED AND APPROVED BY    THE  PROPER
AUTHORITY.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO A
PROCEEDING TO RECOVER POSSESSION UPON THE GROUND THAT A TENANT IS  HOLD-
ING  OVER  AND  IS  ENGAGING  IN ILLEGAL ACTIVITY ON THE PREMISES IF THE
LANDLORD ESTABLISHES TO THE SATISFACTION OF THE COURT THAT  SUCH  TENANT
IS ENGAGING IN SUCH ILLEGAL ACTIVITY.
  (E)  ANY  PROVISION  OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE DEEMED  AGAINST
PUBLIC POLICY AND VOID.
  S  2.  Section 232-b of the real property law, as added by chapter 813
of the laws of 1942, is amended to read as follows:
  S 232-b. Notification to terminate monthly  tenancy  or  tenancy  from
month  to  month  outside  the city of New York. 1. A monthly tenancy or
tenancy from month to month of any lands or buildings located outside of
the city of New York may be terminated by the  landlord  or  the  tenant
upon  his OR HER notifying the other at least one month before the expi-
ration of the term of his OR HER election to terminate; provided, howev-
er, that no notification shall be necessary to terminate a tenancy for a
definite term.
  2. (A) FOR THE PURPOSES OF THIS SECTION, THE TERM "DISABLED" MEANS THE
SAME AS "DISABLED PERSON" AS DEFINED IN SUBDIVISION FIVE OF SECTION  TWO
HUNDRED EIGHT OF THE SOCIAL SERVICES LAW.
  (B)  IN  A PROCEEDING TO RECOVER THE POSSESSION OF A PREMISES PURSUANT
TO ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS  LAW,  THE
COURT,  ON APPLICATION OF THE TENANT OR ANY MEMBER OF THE TENANT'S IMME-
DIATE FAMILY, MAY APPLY TO STAY THE ISSUANCE OF A WARRANT FOR  A  PERIOD
OF NOT MORE THAN FOUR MONTHS. THE COURT MAY ONLY ISSUE THIS STAY IF: THE
PREMISES ARE OCCUPIED AS A PRIMARY RESIDENCE BY A TENANT WHO IS DISABLED
OR  IF  A MEMBER OF THE TENANT'S IMMEDIATE FAMILY IS DISABLED; THE PREM-
ISES ARE BEING USED FOR DWELLING PURPOSES, EXCLUDING A ROOM OR ROOMS  IN
A  HOTEL,  LODGING HOUSE, OR ROOMING HOUSE, AND THE PREMISES ARE LOCATED
OUTSIDE THE CITY OF NEW YORK.
  (C) SUCH STAY SHALL BE GRANTED AND CONTINUE EFFECTIVE UPON THE  CONDI-
TION  THAT THE TENANT SHALL DEPOSIT IN COURT THE ENTIRE AMOUNT OF UNPAID
RENT AND SUCH INSTALLMENTS AS THE COURT MAY DIRECT  FOR  THE  OCCUPATION
AND  USE  OF  THE  PREMISES FOR THE PERIOD OF THE STAY. THE RATE CHARGED

A. 3646--A                          3

SHALL BE THE SAME AMOUNT AS THE RENT FOR THE MONTH IMMEDIATELY PRIOR  TO
THE  EXPIRATION OF HIS OR HER TENANCY AND ANY ADDITIONAL AMOUNT, IF ANY,
THE COURT MAY DETERMINE TO BE THE REASONABLE VALUE OF THE USE AND  OCCU-
PATION  OF  THE  PREMISES.  THE  AMOUNT SHALL BE PAID INTO COURT IN SUCH
MANNER AND IN SUCH INSTALLMENTS, IF ANY, AS THE COURT  MAY  DIRECT.  THE
CLERK  OF THE COURT SHALL PAY TO THE LANDLORD OR HIS OR HER DULY AUTHOR-
IZED AGENT THE AMOUNT OF SUCH DEPOSIT IN ACCORDANCE WITH  THE  TERMS  OF
THE STAY OR THE FURTHER ORDER OF THE COURT.
  (D)  THE  PROVISIONS  OF THIS SUBDIVISION SHALL NOT APPLY IF THE PETI-
TIONER SHOWS TO THE SATISFACTION OF THE COURT THAT HE OR SHE INTENDS  TO
RECOVER  THE  PREMISES  FOR THE PURPOSES OF DEMOLISHING THE PREMISES AND
CONSTRUCTING A NEW BUILDING. THE PETITIONER MUST PROVE  THAT  THE  PLANS
FOR  THE  NEW  BUILDING  HAVE BEEN DULY FILED AND APPROVED BY THE PROPER
AUTHORITY. THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  APPLY  TO  A
PROCEEDING  TO RECOVER POSSESSION UPON THE GROUND THAT A TENANT IS HOLD-
ING OVER AND IS OBJECTIONABLE IF THE LANDLORD ESTABLISHES TO THE  SATIS-
FACTION OF THE COURT THAT THE TENANT IS OBJECTIONABLE.
  (E)  ANY  PROVISION OF A LEASE OR OTHER AGREEMENT WHEREBY A LESSEE  OR
TENANT WAIVES ANY PROVISION OF THIS SUBDIVISION SHALL BE  DEEMED AGAINST
PUBLIC POLICY AND VOID.
  S 3. This act shall take effect immediately and  shall  apply  to  any
eviction notice issued on and after such effective date.

2009-A3646B (ACTIVE) - Details

Current Committee:: Assembly Housing
Versions Introduced in Other Legislative Sessions:: 2011-2012: A164
2013-2014: A1097
2015-2016: A1049
2017-2018: A7170
2019-2020: A551

2009-A3646B (ACTIVE) - Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants; permits 6 month stay in certain cases of extreme hardship.

2009-A3646B (ACTIVE) - Bill Text download pdf

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

                                 3646--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. CAHILL, TITUS, BENEDETTO -- Multi-Sponsored by --
  M. of A. COOK -- read once and referred to the Committee on Housing --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on Hous-
  ing  in  accordance  with  Assembly  Rule  3,  sec.  2  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-07-0

A. 3646--B                          2

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
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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Assembly Bill A3646

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A3646 - Details

2009-A3646 - Summary

2009-A3646 - Bill Text download pdf

2009-A3646A - Details

2009-A3646A - Summary

2009-A3646A - Sponsor Memo

2009-A3646A - Bill Text download pdf

2009-A3646B (ACTIVE) - Details

2009-A3646B (ACTIVE) - Summary

2009-A3646B (ACTIVE) - Bill Text download pdf

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Assembly Bill A3646

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Sponsored By

CAHILL

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

2009-A3646 - Details

2009-A3646 - Summary

2009-A3646 - Bill Text download pdf

2009-A3646A - Details

2009-A3646A - Summary

2009-A3646A - Sponsor Memo

2009-A3646A - Bill Text download pdf

2009-A3646B (ACTIVE) - Details

2009-A3646B (ACTIVE) - Summary

2009-A3646B (ACTIVE) - Bill Text download pdf

Comments