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Assembly Bill A1460

2009-2010 Legislative Session

Provides for a stay of eviction proceedings until the tenant receives a social services determination of eligibility for rent assistance

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Archive: Last Bill Status - In Assembly Committee

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2009-A1460 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง756, RPAP L

2009-A1460 (ACTIVE) - Summary

Provides for a stay of eviction proceedings of a tenant from a multiple dwelling if the court finds that a tenant may qualify for social services assistance until such time as a determination of eligibility may be made by a local social services district.

2009-A1460 (ACTIVE) - Bill Text download pdf 

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

                                  1460

                       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 Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to delaying eviction  proceedings  until  a  social  services
  determination on eligibility for rent assistance is made

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

  Section 1. Section 756 of the real property  actions  and  proceedings
law,  as added by chapter 913 of the laws of 1965, is amended to read as
follows:
  S 756. Stay of summary proceedings or actions for rent  under  certain
conditions.  1. In the event that utilities are discontinued in any part
of  a  multiple dwelling because of the failure of the landlord or other
person having control of said multiple dwelling to pay for utilities for
which he may have contracted, any proceeding to dispossess a tenant from
said building or an action against any tenant of said building for  rent
shall be stayed until such time as the landlord or person having control
of  said  multiple dwelling pays the amount owing for said utilities and
until such time as the utilities are restored to working order.
  2. IF THE COURT  FINDS  THAT  A  RESPONDENT  MAY  QUALIFY  FOR  SOCIAL
SERVICES ASSISTANCE, ANY PROCEEDING TO DISPOSSESS A TENANT FROM A MULTI-
PLE  DWELLING  OR  AN  ACTION  AGAINST ANY TENANT FOR RENT IN A MULTIPLE
DWELLING SHALL BE STAYED UNTIL SUCH TIME AS THE COURT FINDS IS NECESSARY
FOR THE TENANT TO APPLY FOR AND RECEIVE A DETERMINATION  OF  ELIGIBILITY
FROM A LOCAL SOCIAL SERVICES DISTRICT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00199-01-9

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