Assembly Bill A4753

2009-2010 Legislative Session

Authorizes a stay in proceedings to recover possession of real property based upon non-payment, and authorizes payment of installments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A4753 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §754, RPAP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2508
2013-2014: A2864
2015-2016: A4555, A9986

2009-A4753 (ACTIVE) - Summary

Permits the court to stay a warrant issued in favor of a successful petitioner in cases where the respondent has defaulted in the payment of rent for a period not to exceed three months from the date of the judgment and to condition the same upon payment of installments from time to time.

2009-A4753 (ACTIVE) - Bill Text download pdf

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

                                  4753

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. CLARK -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  providing  for  a stay in certain proceedings to recover
  possession of real property

  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 754 to read as follows:
  S  754.  STAY  OF  PROCEEDING  OR  ACTION FOR RENT. IN A PROCEEDING TO
RECOVER POSSESSION UPON THE GROUND THAT THE RESPONDENT HAS DEFAULTED  IN
THE  PAYMENT OF RENT WHEN JUDGMENT IS RENDERED IN FAVOR OF THE PETITION-
ER, THE COURT MAY STAY THE ISSUANCE OF THE WARRANT FOR GOOD CAUSE  SHOWN
FOR  A  PERIOD  NOT TO EXCEED THREE MONTHS FROM THE DATE THE JUDGMENT IS
ENTERED. THE COURT MAY ALSO CONDITION SUCH  STAY  UPON  THE  PAYMENT  OF
INSTALLMENTS FROM TIME TO TIME AS THE COURT MAY DIRECT. ANY PROVISION OF
A  LEASE  OR  OTHER  AGREEMENT  WHEREBY  A  LESSEE  OR TENANT WAIVES ANY
PROVISION OF THIS SECTION SHALL BE DEEMED VOID AND AGAINST PUBLIC  POLI-
CY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06030-01-9


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.