Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 02, 2010 |
print number 2599b |
Mar 02, 2010 |
amend (t) and recommit to judiciary |
Jan 06, 2010 |
referred to judiciary |
Jun 11, 2009 |
print number 2599a |
Jun 11, 2009 |
amend and recommit to codes |
Mar 31, 2009 |
reported and committed to codes |
Feb 25, 2009 |
referred to judiciary |
Senate Bill S2599
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
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 - Sponsor Memo
BILL NUMBER: S2599 TITLE OF BILL : An act to amend the real property law, in relation to providing for an extended stay for tenants who are disabled PURPOSE OR GENERAL IDEA OF BILL : This bill would allow people living with disabilities or serious illness to appeal to a court of law to remain in their dwelling in the event they are evicted for reasons other than delinquent rent payments or illegal activity. SUMMARY OF SPECIFIC PROVISIONS : Amends sections 228 and 232-b of the real property law to allow tenants to appeal to a court of law to extend a stay in their dwelling, in the event they are evicted for reasons other than delinquent rent payments or illegal activity. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Existing law only requires 30 days notice for termination of tenancies. JUSTIFICATION : There is currently a severe lack of accessible housing for people with disabilities. Locating housing that meets the needs of people with
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 - Sponsor Memo
BILL NUMBER: S2599A TITLE OF BILL : An act to amend the real property law, in relation to providing for an extended stay for tenants who are disabled PURPOSE OR GENERAL IDEA OF BILL : This bill would allow people living with disabilities or serious illness to appeal to a court of law to remain in their dwelling in the event they are evicted for reasons other than delinquent rent payments or illegal activity. SUMMARY OF SPECIFIC PROVISIONS : Amends sections 228 and 232-b of the real property law to allow tenants to appeal to a court of law to extend a stay in their dwelling, in the event they are evicted for reasons other than delinquent rent payments or illegal activity. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Existing law only requires 30 days notice for termination of tenancies. JUSTIFICATION : There is currently a severe lack of accessible housing for people with disabilities. Locating housing that meets the needs of people with
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) - Sponsor Memo
BILL NUMBER: S2599B 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 (RPAPL) to better protect those with disabilities from being evicted across the entire State. SUMMARY OF SPECIFIC PROVISIONS : Provides that Section 753 of the RPAPL which currently only applies in the City of New York is applicable Statewide. EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER : Currently, State Law allows disabled tenants who are subject to a holdover proceeding to holdover for a period of up to six months (so long as they pay their rent in advance of each month). The Court under current law still grants the warrant of eviction but stays the execution of the warrant for a period of up to six months. JUSTIFICATION : Obtaining rental housing for those with disabilities can be especially challenging. This legislation helps provide for an adequate time for a
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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