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Assembly Bill A1438

2009-2010 Legislative Session

Establishes procedures for restoring a wrongfully removed tenant to possession

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Archive: Last Bill Status - In Assembly Committee

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2009-A1438 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง750, RPAP L

2009-A1438 (ACTIVE) - Summary

Establishes procedures for restoring a wrongfully evicted tenant to possession of the premises from which he was wrongfully evicted when such premises are occupied; directs law enforcement official, pursuant to a warrant, to remove any persons occupying such premises upon 24 hours written notice.

2009-A1438 (ACTIVE) - Bill Text download pdf 

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

                                  1438

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to the restoration of a wrongfully removed tenant

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 750 to read as follows:
  S 750. RESTORING A WRONGFULLY REMOVED TENANT TO POSSESSION. 1.  WHEN A
COURT RESTORES A WRONGFULLY REMOVED TENANT TO POSSESSION AFTER EXECUTION
OF  A  WARRANT  OF EVICTION, AND WHERE THE SUBJECT PREMISES IS OCCUPIED,
THE COURT SHALL ISSUE A WARRANT DIRECTED TO THE SHERIFF OF THE COUNTY OR
TO ANY CONSTABLE OR MARSHAL OF THE CITY  IN  WHICH  THE  PROPERTY  OR  A
PORTION THEREOF IS SITUATED, OR, IF IT IS NOT SITUATED IN A CITY, TO ANY
CONSTABLE OF ANY TOWN IN THE COUNTY, DESCRIBING THE PROPERTY, COMMANDING
THE  OFFICER  TO  REMOVE  ALL  PERSONS AND TO PUT THE WRONGFULLY REMOVED
TENANT INTO FULL POSSESSION.
  2. THE OFFICER TO WHOM THE WARRANT IS  DIRECTED  AND  DELIVERED  SHALL
GIVE  AT  LEAST  TWENTY-FOUR  HOURS NOTICE, IN WRITING AND IN THE MANNER
PRESCRIBED IN THIS ARTICLE FOR THE SERVICE OF A NOTICE OF  PETITION,  TO
THE  PERSON  OR  PERSONS  TO  BE  REMOVED  AND SHALL EXECUTE THE WARRANT
BETWEEN THE HOURS OF SUNRISE AND SUNSET.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00154-01-9

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