| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to housing, construction and community development |
| May 06, 2009 |
print number 3846a |
| May 06, 2009 |
amend and recommit to judiciary |
| Apr 02, 2009 |
referred to judiciary |
Senate Bill S3846
2009-2010 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
Actions
Bill Amendments
2009-S3846 - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S904
2013-2014: S3169
2015-2016: S2872
2017-2018: S3192
2009-S3846 - 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).
2009-S3846 - Sponsor Memo
BILL NUMBER: S3846
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
co-Sponsors
(D, WF) Senate District
(D) Senate District
(D, WF) Senate District
(D) Senate District
2009-S3846A (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S904
2013-2014: S3169
2015-2016: S2872
2017-2018: S3192
2009-S3846A (ACTIVE) - 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).
2009-S3846A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3846A
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
2009-S3846A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3846--A
2009-2010 Regular Sessions
I N S E N A T E
April 2, 2009
___________
Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE, ONORATO -- read
twice and ordered printed, and when printed to be committed to the
Committee on Judiciary -- 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 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.
LBD00781-03-9
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