S T A T E   O F   N E W   Y O R K
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                                  2946

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2011
                               ___________

Introduced  by M. of A. GLICK, V. LOPEZ, JACOBS -- Multi-Sponsored by --
  M. of A. ABBATE, BRENNAN, CLARK, COLTON, CYMBROWITZ, DINOWITZ, HOOPER,
  MILLMAN, ORTIZ, PERRY, PHEFFER, WEISENBERG -- read once  and  referred
  to the Committee on Housing

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to establishing protection for senior citizens against unwar-
  ranted eviction

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

  Section  1.  Section  111 of the real property actions and proceedings
law is amended by adding a new subdivision 6 to read as follows:
  6. AS USED IN THIS CHAPTER, THE TERM "SENIOR CITIZEN" MEANS  A  PERSON
WHO  IS  SIXTY-TWO  YEARS OF AGE OR OLDER OR A PERSON WHO RESIDES WITH A
SPOUSE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
  S 2. Subdivision 2 of section 741 of the  real  property  actions  and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  2.  State  the respondent's interest in the premises [and], his OR HER
relationship to petitioner with regard thereto AND WHETHER HE OR SHE  IS
A SENIOR CITIZEN.
  S  3.  Article  7  of the real property actions and proceedings law is
amended by adding a new section 768 to read as follows:
  S 768. DEFAULT EVICTION AGAINST SENIOR CITIZEN. 1. IN ANY CIVIL ACTION
OR PROCEEDING FOR EVICTION FROM ANY PREMISES OCCUPIED CHIEFLY FOR DWELL-
ING PURPOSES, IF THERE SHALL BE  A  DEFAULT  OF  AN  APPEARANCE  BY  THE
RESPONDENT, THE PETITIONER, WITHIN TWENTY DAYS BEFORE THE ENTRY OF JUDG-
MENT  OR  FINAL ORDER SHALL FILE IN THE COURT AN AFFIDAVIT SETTING FORTH
FACTS SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN.
  2. IF UNABLE TO FILE SUCH AFFIDAVIT THE PETITIONER SHALL IN LIEU THER-
EOF FILE AN AFFIDAVIT SETTING FORTH EITHER  THAT  THE  RESPONDENT  IS  A
SENIOR  CITIZEN  OR THAT THE PETITIONER IS NOT ABLE TO DETERMINE WHETHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05939-01-1
              

A. 2946                             2

OR NOT RESPONDENT IS A SENIOR CITIZEN. IF  AN  AFFIDAVIT  IS  NOT  FILED
SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN NO JUDGMENT OR FINAL
ORDER  SHALL  BE  ENTERED  WITHOUT  FIRST SECURING AN ORDER OF THE COURT
DIRECTING  SUCH  ENTRY AND NO SUCH ORDER SHALL BE MADE IF THE RESPONDENT
IS A SENIOR CITIZEN UNTIL AFTER THE COURT SHALL HAVE APPOINTED AN ATTOR-
NEY TO REPRESENT THE RESPONDENT AND PROTECT HIS OR HER INTEREST, AND THE
COURT SHALL, ON APPLICATION MAKE SUCH APPOINTMENT.
  3. UNLESS IT APPEARS THAT THE RESPONDENT IS NOT A SENIOR CITIZEN,  THE
COURT  MAY  ENTER  SUCH  JUDGMENT  AS IN ITS OPINION MAY BE NECESSARY TO
PROTECT THE RIGHTS OF THE RESPONDENT UNDER THIS PROVISION.
  4. ANY PERSON WHO SHALL MAKE OR USE AN AFFIDAVIT REQUIRED  UNDER  THIS
SECTION  KNOWING  IT TO BE FALSE OR WHO SHALL KNOWINGLY TAKE PART IN ANY
EVICTION OF A SENIOR CITIZEN OTHERWISE THAN  AS  PROVIDED  FOR  IN  THIS
SECTION  OR ATTEMPTS TO DO SO SHALL BE GUILTY OF A MISDEMEANOR AND SHALL
BE PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE NOT TO
EXCEED TEN THOUSAND DOLLARS OR BOTH.
  5. IN ANY SUCH ACTION OR PROCEEDING IN WHICH A  SENIOR  CITIZEN  IS  A
PARTY,  IF  SUCH  PARTY  DOES  NOT  PERSONALLY  APPEAR THEREIN OR IS NOT
REPRESENTED BY AN AUTHORIZED ATTORNEY THE COURT MAY APPOINT AN  ATTORNEY
TO  REPRESENT  HIM  OR  HER;  AND IN SUCH A CASE AN ORDER MAY BE MADE TO
PROTECT THE RIGHTS OF SUCH PERSON.
  6. IN ANY SUCH PROCEEDING, THE COURT MAY IN ITS DISCRETION ON ITS  OWN
MOTION STAY THE PROCEEDINGS FOR NOT LONGER THAN THREE MONTHS OR MAY MAKE
SUCH OTHER ORDERS AS MAY BE JUST.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.