Senate Bill S2599

2009-2010 Legislative Session

Provides for 90-day notice of eviction for disabled tenants

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Bill Amendments

2009-S2599 - Details

See Assembly Version of this Bill:
A3646
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §753, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4079, A164
2013-2014: S1887, A1097
2015-2016: S1375, A1049
2017-2018: S997, A7170
2019-2020: A551

2009-S2599 - 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-S2599 - Sponsor Memo

2009-S2599 - Bill Text download pdf

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

                                  2599

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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
              

2009-S2599A - Details

See Assembly Version of this Bill:
A3646
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §753, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4079, A164
2013-2014: S1887, A1097
2015-2016: S1375, A1049
2017-2018: S997, A7170
2019-2020: A551

2009-S2599A - 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-S2599A - Sponsor Memo

2009-S2599A - Bill Text download pdf

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

                                 2599--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from said committee and committed to the Committee on Codes
  -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-04-9
              

2009-S2599B (ACTIVE) - Details

See Assembly Version of this Bill:
A3646
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §753, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4079, A164
2013-2014: S1887, A1097
2015-2016: S1375, A1049
2017-2018: S997, A7170
2019-2020: A551

2009-S2599B (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-S2599B (ACTIVE) - Sponsor Memo

2009-S2599B (ACTIVE) - Bill Text download pdf

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

                                 2599--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from said committee and committed to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Judiciary in accordance with  Senate  Rule  6,  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06534-06-0
              

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