S T A T E O F N E W Y O R K
________________________________________________________________________
6297--B
2009-2010 Regular Sessions
I N A S S E M B L Y
February 27, 2009
___________
Introduced by M. of A. TITUS, CAMARA -- read once and referred to the
Committee on Housing -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reference
changed to the Committee on Judiciary -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the civil practice law and rules and the real property
actions and proceedings law, in relation to evictions of tenants upon
foreclosure of a property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5102 of the civil practice law and rules, as
amended by chapter 531 of the laws of 1963, is amended to read as
follows:
S 5102. Enforcement of judgment or order awarding possession of real
property or a chattel. A judgment or order, or a part thereof, awarding
possession of real property or a chattel may be enforced by an
execution, which shall particularly describe the property and designate
the party to whom the judgment or order awards its possession. The
execution shall comply with the provisions of section 5230, except that
it shall direct the sheriff to deliver possession of the property to the
party designated. In an action to recover a chattel, where the judgment
awards possession of the chattel and in the alternative its value, the
execution shall also direct the sheriff, if the chattel cannot be found
within his county, to levy upon real and personal property as upon an
execution to enforce a money judgment. After the death of a party
against whom a judgment or order awarding possession of real property
has been obtained, an order granting leave to issue such execution may
be granted upon twenty days' notice, to be served in the same manner as
a summons, to the occupants of the real property and to the heirs or
devisees of the deceased party. IF THE REAL PROPERTY TO BE DELIVERED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07696-21-9
A. 6297--B 2
INCLUDES A DWELLING UNIT LOCATED IN A RESIDENTIAL BUILDING CONTAINING
LESS THAN SIX DWELLING UNITS, THE JUDGMENT IN A FORECLOSURE ACTION SHALL
PROVIDE THAT ONLY AN OCCUPANT OF SUCH DWELLING UNIT WHO WAS NAMED AS A
DEFENDANT IN THE FORECLOSURE ACTION AND WHO WAS SERVED WITH THE NOTICE
REQUIRED BY SECTION THIRTEEN HUNDRED THREE OF THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW MAY BE SUBJECT TO AN EXECUTION DIRECTING DELIVERY OF
SUCH DWELLING UNIT AND SUCH OCCUPANT SHALL BE SERVED WITH A NINETY-DAY
NOTICE TO QUIT, IN THE MANNER PRESCRIBED IN SECTION SEVEN HUNDRED THIR-
TY-FIVE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, PRIOR TO THE
EXECUTION OF THAT PART OF THE JUDGMENT THAT DIRECTS DELIVERY OF
POSSESSION OF THE DWELLING UNIT.
S 2. Section 221 of the real property actions and proceedings law, as
added by chapter 312 of the laws of 1962, is amended to read as follows:
S 221. Compelling delivery of possession of real property. Where a
judgment affecting the title to, or the possession, enjoyment or use of,
real property allots to any person a distinct parcel of real property,
or contains a direction for the sale of real property, or confirms such
an allotment or sale, it also may direct the delivery of the possession
of the property to the person entitled thereto. If a party, or his
representative or successor, who is bound by the judgment, withholds
possession from the person thus declared to be entitled thereto, the
court, by order, in its discretion, besides punishing the disobedience
as a contempt, may require the sheriff to put that person into
possession. Such an order shall be executed as if it were an execution
for the delivery of the possession of the property. IF THE PROPERTY TO
BE DELIVERED INCLUDES A DWELLING UNIT LOCATED IN A RESIDENTIAL BUILDING
CONTAINING LESS THAN SIX DWELLING UNITS, THE JUDGMENT IN A FORECLOSURE
ACTION SHALL PROVIDE THAT ONLY AN OCCUPANT OF SUCH DWELLING UNIT WHO WAS
NAMED AS A DEFENDANT IN THE FORECLOSURE ACTION AND WHO WAS SERVED WITH
THE NOTICE REQUIRED BY SECTION THIRTEEN HUNDRED THREE OF THIS CHAPTER
MAY BE SUBJECT TO AN EXECUTION DIRECTING DELIVERY OF SUCH DWELLING UNIT
AND SUCH OCCUPANT SHALL BE SERVED WITH A NINETY-DAY NOTICE TO QUIT, IN
THE MANNER PRESCRIBED IN SECTION SEVEN HUNDRED THIRTY-FIVE OF THIS CHAP-
TER, PRIOR TO THE EXECUTION OF THAT PART OF THE JUDGMENT THAT DIRECTS
DELIVERY OF POSSESSION OF THE DWELLING UNIT.
S 3. The opening paragraph of section 713 of the real property actions
and proceedings law is designated subdivision (a).
S 4. Paragraph 5 of subdivision (a) of section 713 of the real proper-
ty actions and proceedings law, as amended by chapter 642 of the laws of
1976, such subdivision as designated by section three of this act, is
amended to read as follows:
5. The property has been sold in foreclosure and either the deed
delivered pursuant to such sale, or a copy of such deed, certified as
provided in the civil practice law and rules, has been exhibited to
[him] THE RESPONDENT WHO IS NOT THE OCCUPANT OF A DWELLING UNIT LOCATED
IN A RESIDENTIAL BUILDING CONTAINING LESS THAN SIX DWELLING UNITS.
S 5. Section 713 of the real property actions and proceedings law is
amended by adding a new subdivision (b) to read as follows:
(B) GROUNDS WHERE NO LANDLORD-TENANT RELATIONSHIP EXISTS AFTER FORE-
CLOSURE SALE OF RESIDENTIAL PROPERTY. A SPECIAL PROCEEDING MAY BE MAIN-
TAINED UNDER THIS ARTICLE TO OBTAIN POSSESSION OF A DWELLING UNIT
LOCATED IN A RESIDENTIAL BUILDING CONTAINING LESS THAN SIX DWELLING
UNITS AFTER A NINETY-DAY NOTICE TO QUIT HAS BEEN SERVED UPON THE
RESPONDENT IN THE MANNER PRESCRIBED IN SECTION SEVEN HUNDRED THIRTY-FIVE
OF THIS ARTICLE, UPON THE FOLLOWING GROUND: THE PROPERTY HAS BEEN SOLD
IN FORECLOSURE AND RESPONDENT WAS NAMED AS A DEFENDANT IN THE FORECLO-
A. 6297--B 3
SURE ACTION AND WAS SERVED WITH THE NOTICE REQUIRED BY SECTION THIRTEEN
HUNDRED THREE OF THIS CHAPTER AND EITHER THE DEED DELIVERED PURSUANT TO
SUCH SALE, OR A COPY OF SUCH DEED, CERTIFIED AS PROVIDED IN THE CIVIL
PRACTICE LAW AND RULES, HAS BEEN EXHIBITED TO THE RESPONDENT.
S 6. Section 1301 of the real property actions and proceedings law is
amended by adding a new subdivision 4 to read as follows:
4. THE SUMMONS SHALL CONTAIN A NOTICE ADVISING THAT A TENANT OF A
DWELLING UNIT LOCATED IN A RESIDENTIAL BUILDING CONTAINING LESS THAN SIX
DWELLING UNITS WHO IS NOT THE MORTGAGOR HAS THE OPTION TO APPEAR WITHOUT
CONTESTING THE MERITS OF THE ACTION, BUT MAY APPEAR SOLELY FOR THE
PURPOSE OF RECEIVING THE FURTHER ORDERS OF THE COURT RELATED TO THE
DISPOSITION AND SALE OF THE PROPERTY AND DESCRIBING A PROCEDURE TO MAKE
SUCH AN APPEARANCE IN THE ACTION.
S 7. Section 1303 of the real property actions and proceedings law, as
amended by chapter 472 of the laws of 2008, is amended to read as
follows:
S 1303. Foreclosures; required notices. 1. The foreclosing party in a
mortgage foreclosure action, (A) which involves residential real proper-
ty consisting of owner-occupied [one-to-four-family] ONE-TO-FIVE-FAMILY
dwellings shall provide notice to the mortgagor OR (B) WHICH INVOLVES
RESIDENTIAL REAL PROPERTY CONSISTING OF ONE-TO-FIVE-FAMILY DWELLINGS
SHALL PROVIDE NOTICE TO ANY TENANT OF A DWELLING UNIT IN SUCH REAL PROP-
ERTY WHO IS NAMED AS A DEFENDANT IN THE FORECLOSURE ACTION in accordance
with the provisions of this section with regard to information and
assistance about the foreclosure process.
2. The notice required by this section shall be delivered with the
summons and complaint to commence a foreclosure action. The notice
required by this section shall be in bold, fourteen-point type and shall
be printed on colored paper that is other than the color of the summons
and complaint, and the title of the notice shall be in bold, twenty-
point type. The notice shall be on its own page.
3. The notice required by this section TO BE GIVEN TO HOMEOWNERS shall
appear as follows:
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summons and Complaint
You are in danger of losing your home. If you fail to respond to the
summons and complaint in this foreclosure action, you may lose your
home. Please read the summons and complaint carefully. You should imme-
diately contact an attorney or your local legal aid office to obtain
advice on how to protect yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal
aid office, there are government agencies and non-profit organizations
that you may contact for information about possible options, including
trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline
maintained by the New York State Banking Department at _____________
(enter number) or visit the Department's website at _______________
(enter web address).
Foreclosure rescue scams
Be careful of people who approach you with offers to "save" your home.
There are individuals who watch for notices of foreclosure actions in
order to unfairly profit from a homeowner's distress. You should be
A. 6297--B 4
extremely careful about any such promises and any suggestions that you
pay them a fee or sign over your deed. State law requires anyone offer-
ing such services for profit to enter into a contract which fully
describes the services they will perform and fees they will charge, and
which prohibits them from taking any money from you until they have
completed all such promised services.
4. THE NOTICE REQUIRED BY THIS SECTION TO BE GIVEN TO TENANTS SHALL
APPEAR AS FOLLOWS:
HELP FOR TENANTS OF BUILDINGS IN FORECLOSURE
NEW YORK STATE LAW REQUIRES THAT WE SEND YOU THIS NOTICE ABOUT THE
FORECLOSURE PROCESS. PLEASE READ IT CAREFULLY.
SUMMONS AND COMPLAINT
YOU ARE IN DANGER OF LOSING YOUR HOME. IF YOU FAIL TO RESPOND TO THE
SUMMONS AND COMPLAINT IN THIS FORECLOSURE ACTION, YOU MAY LOSE YOUR
HOME. YOU MAY ALSO BE EVICTED FROM YOUR HOME IF YOUR LANDLORD IS FORE-
CLOSED UPON. PLEASE READ THE SUMMONS AND COMPLAINT CAREFULLY.
YOU HAVE THE OPTION TO APPEAR IN THIS FORECLOSURE ACTION WITHOUT
CONTESTING THE MERITS OF THE ACTION. YOU MAY APPEAR SOLELY FOR THE
PURPOSE OF RECEIVING THE FURTHER ORDERS OF THE COURT RELATED TO THE
DISPOSITION AND SALE OF THE PROPERTY. THE SUMMONS DESCRIBES THE MANNER
IN WHICH YOU CAN MAKE SUCH AN APPEARANCE.
YOU SHOULD IMMEDIATELY CONTACT AN ATTORNEY OR YOUR LOCAL LEGAL AID
OFFICE TO OBTAIN ADVICE ON HOW TO PROTECT YOURSELF.
SOURCES OF INFORMATION AND ASSISTANCE
THE STATE ENCOURAGES YOU TO BECOME INFORMED ABOUT YOUR OPTIONS IN
FORECLOSURE. IN ADDITION TO SEEKING ASSISTANCE FROM AN ATTORNEY OR LEGAL
AID OFFICE, THERE ARE GOVERNMENT AGENCIES AND NON-PROFIT ORGANIZATIONS
THAT YOU MAY CONTACT FOR INFORMATION ABOUT POSSIBLE OPTIONS, INCLUDING
TRYING TO WORK WITH YOUR LANDLORD'S LENDER OR A NEW OWNER DURING THIS
PROCESS IN ORDER TO PREVENT YOUR EVICTION AND TO ENSURE THAT YOUR DWELL-
ING IS PROPERLY MAINTAINED.
TO LOCATE AN ENTITY NEAR YOU, YOU MAY CALL THE TOLL-FREE HELPLINE
MAINTAINED BY THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY
RENEWAL AT (ENTER NUMBER) OR VISIT THE DIVISION'S WEBSITE AT
(ENTER WEB ADDRESS). IF YOUR RENTAL UNIT IS LOCATED IN NEW YORK CITY,
YOU MAY ALSO CALL THE HELPLINE MAINTAINED BY THE NEW YORK CITY DEPART-
MENT OF HOUSING PRESERVATION AND DEVELOPMENT AT OR VISIT THE
DEPARTMENT'S WEBSITE AT (ENTER WEB ADDRESS).
5. The banking department, THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT shall prescribe the telephone number and web address to be
included in the APPROPRIATE notice.
[5] 6. The banking department, THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL OR THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT shall post on its website or otherwise make readily avail-
able the name and contact information of government agencies or non-pro-
fit organizations that may be contacted for information about the fore-
closure process, EVICTION PREVENTION, AND REQUIREMENTS FOR THE
MAINTENANCE OF PROPERTIES DURING THE PENDENCY OF FORECLOSURE ACTIONS,
including maintaining a toll-free helpline to disseminate the informa-
tion required by this section.
S 8. The real property actions and proceedings law is amended by
adding a new section 1305 to read as follows:
S 1305. NOTICES TO TENANTS. 1. IN A MORTGAGE FORECLOSURE ACTION, WHICH
INVOLVES RESIDENTIAL REAL PROPERTY CONSISTING OF ONE-TO-FIVE-FAMILY
DWELLINGS, A PLAINTIFF UPON COMMENCEMENT OF THE ACTION OR DISCONTINUANCE
A. 6297--B 5
OF THE ACTION, THE PREVAILING PLAINTIFF, A PLAINTIFF TAKING A DEED IN
LIEU OF FORECLOSURE, A RECEIVER APPOINTED IN SUCH ACTION, A PURCHASER
FROM THE MORTGAGOR OR THE PURCHASER AT A FORECLOSURE SALE PURSUANT TO A
JUDGMENT OF FORECLOSURE SHALL PROVIDE NOTICE OF THE DATE OF EVERY SUCH
OCCURRENCE TO ANY TENANT RESIDING IN SUCH PROPERTY WITHIN THIRTY DAYS OF
THE COMMENCEMENT OF THE ACTION, DISCONTINUANCE OF THE ACTION, JUDGMENT
OF FORECLOSURE, APPOINTMENT OF A RECEIVER OR THE CLOSING OF TITLE PURSU-
ANT TO A FORECLOSURE SALE OR OTHER DISPOSITION. THEREAFTER, UNTIL THE
CLOSING OF TITLE PURSUANT TO A FORECLOSURE SALE OR OTHER DISPOSITION OF
THE PROPERTY, SUCH NOTICE OF EVERY SUCH OCCURRENCE SHALL ALSO BE
PROVIDED TO A NEW TENANT AT THE TIME SUCH NEW TENANT ENTERS INTO A LEASE
OR OTHER RENTAL AGREEMENT AND THEREAFTER FOR A DWELLING UNIT IN THE
PROPERTY.
2. THE NOTICE SHALL ADVISE THE TENANT OF THE OCCURRENCE OF AN EVENT
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, AS WELL AS OF THE NAME,
ADDRESS AND TELEPHONE NUMBER OF THE PERSON OR ENTITY RESPONSIBLE FOR
MAINTENANCE OF THE PROPERTY AND ENTITLED TO COLLECT RENT FROM THE
TENANT.
3. THE NOTICE SHALL BE PERSONALLY SERVED UPON THE TENANT, OR SERVED BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, AND ALSO BY FIRST-CLASS MAIL
TO THE TENANT'S ADDRESS AT THE PROPERTY. THE NOTICE SHALL BE ACCOMPANIED
BY AN ACKNOWLEDGEMENT OF SERVICE THAT SHALL BE SIGNED BY THE TENANT SO
SERVED. IF A TENANT REFUSES TO SIGN THE ACKNOWLEDGEMENT OF SERVICE, THE
SERVING PARTY MAY FILE WITH A COURT A SWORN AFFIDAVIT STATING THE MANNER
IN WHICH THE TENANT WAS SERVED AND THAT THE TENANT REFUSED TO SIGN SUCH
ACKNOWLEDGMENT.
4. A TENANT WHO IS NOT SERVED BY THE NOTICE REQUIRED BY THIS SECTION
WITHIN THE TIME PERIOD FOR SERVICE OF SUCH NOTICE SHALL NOT BE LIABLE
FOR ANY RENT FROM THE EXPIRATION OF SUCH TIME PERIOD UNTIL SUCH NOTICE
IS DULY SERVED UPON SUCH TENANT.
5. A TENANT ENTITLED TO NOTICE PURSUANT TO THIS SECTION SHALL NOT BE
SUBJECT TO AN EXECUTION PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF
THIS CHAPTER OR SECTION FIFTY-ONE HUNDRED TWO OF THE CIVIL PRACTICE LAW
AND RULES OR BE MADE A DEFENDANT OR RESPONDENT IN ANY ACTION OR PROCEED-
ING SEEKING POSSESSION OF SUCH TENANT'S DWELLING UNIT BROUGHT PURSUANT
TO SUBDIVISION (B) OF SECTION SEVEN HUNDRED THIRTEEN OF THIS CHAPTER
UNLESS SUCH TENANT WAS PREVIOUSLY SERVED WITH THE NOTICE REQUIRED BY
THIS SECTION. THE NOTICE REQUIRED BY THIS SECTION SHALL BE IN ADDITION
TO THE NOTICES TO QUIT REQUIRED BY SECTION TWO HUNDRED TWENTY-ONE AND
SUBDIVISION (B) OF SECTION SEVEN HUNDRED THIRTEEN OF THIS CHAPTER OR
SECTION FIFTY-ONE HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES.
6. ANY PROVISION OF A LEASE OR RENTAL AGREEMENT PURPORTING TO WAIVE A
PROVISION OF THIS SECTION IS NULL AND VOID.
S 9. Section 1311 of the real property actions and proceedings law is
amended by adding two new subdivisions 5 and 6 to read as follows:
5. A PERSON MAY NOT BE NAMED AS A PARTY DEFENDANT BY USE OF A PSEUDO-
NYM UNLESS PLAINTIFF HAS SUBMITTED TO THE COURT AN AFFIDAVIT ATTESTING
TO THE INQUIRY UNDERTAKEN SO AS TO DEMONSTRATE THAT REASONABLE AND DILI-
GENT EFFORTS WERE MADE TO ASCERTAIN THE IDENTITY OF SUCH DEFENDANT.
6. THE TENANCY OF A TENANT WHO IS NOT NAMED AS A PARTY DEFENDANT IN
THE ACTION SHALL NOT BE AFFECTED IN ANY WAY BY THE JUDGMENT IN THE
ACTION. THE INTEREST OF THE PREVAILING PLAINTIFF IN THE ACTION AND ANY
PURCHASER PURSUANT TO A FORECLOSURE SALE SHALL BE SUBJECT TO THE INTER-
EST OF ANY SUCH TENANT.
S 10. Section 1351 of the real property actions and proceedings law is
amended by adding a new subdivision 4 to read as follows:
A. 6297--B 6
4. THE TENANCY OF A TENANT WHO IS NOT NAMED AS A PARTY DEFENDANT IN
THE ACTION SHALL NOT BE AFFECTED IN ANY WAY BY THE JUDGMENT IN THE
ACTION. THE INTEREST OF THE PREVAILING PLAINTIFF IN THE ACTION AND ANY
PURCHASER PURSUANT TO A FORECLOSURE SALE SHALL BE SUBJECT TO THE INTER-
EST OF ANY SUCH TENANT.
S 11. This act shall take effect on the ninetieth day after it shall
have become a law.