Assembly Bill A164

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

                                   164

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. CAHILL, TITUS, BENEDETTO -- Multi-Sponsored by --
  M. of A. COOK -- read once and referred to the Committee on Housing

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
other premises, or that by reason  of  other  facts  it  would  occasion
extreme hardship to [him or his] THE APPLICANT OR THE APPLICANT'S family
if  the  stay  were  not granted.   IN AN APPLICATION BROUGHT IN TOWN OR
VILLAGE COURTS, THE TERM  "NEIGHBORHOOD"  SHALL  BE  CONSTRUED  TO  MEAN
EITHER  THE  SAME TOWN OR VILLAGE WHERE THE APPLICANT NOW RESIDES, OR IF

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

                                                           LBD01170-01-1

A. 164                              2

THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER, "NEIGH-
BORHOOD" SHALL MEAN THE SCHOOL DISTRICT WHERE SUCH  CHILDREN  ATTEND  OR
ARE ELIGIBLE TO ATTEND.
  S  2.  This  act  shall take effect immediately and shall apply to any
proceeding to recover real property filed with any  court  of  competent
jurisdiction on and after such effective date.