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Assembly Bill A3679

2011-2012 Legislative Session

Makes warrant execution, not issuance, following judgment for petitioner in summary proceeding to recover possession of real property act which annuls relationship

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Archive: Last Bill Status - On Floor Calendar

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2011-A3679 (ACTIVE) - Details

See Senate Version of this Bill:
S904
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง749, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6015, S3846
2013-2014: A5348, S3169
2015-2016: A3857, S2872
2017-2018: A4335, S3192

2011-A3679 (ACTIVE) - Summary

Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).

2011-A3679 (ACTIVE) - Bill Text download pdf 

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

                                  3679

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced by M. of A. GOTTFRIED, JACOBS, DINOWITZ -- Multi-Sponsored by
  -- M. of A. BRENNAN, CLARK, GLICK, HOOPER, V. LOPEZ, MAYERSOHN, McENE-
  NY,  SCARBOROUGH,  SCHIMEL,  WRIGHT  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  the  effect  of  issuance  and  execution of an eviction
  warrant

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

  Section  1.  Subdivision 3 of section 749 of the real property actions
and proceedings law, as amended by chapter 192 of the laws of  1975,  is
amended to read as follows:
  3.    The [issuing] EXECUTION of a warrant for the removal of a tenant
cancels the agreement under which the person removed held the  premises,
and  annuls  the relation of landlord and tenant[, but nothing contained
herein shall deprive the court of the power to vacate such  warrant  for
good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI-
SION  DOES  NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH WARRANT AT
ANY TIME.  Petitioner may recover by action any sum of money  which  was
payable  at  the  time when the special proceeding was commenced and the
reasonable value of the use and occupation to the time when the  warrant
was  [issued] EXECUTED, for any period of time with respect to which the
agreement does not make any provision for payment of rent.
  S 2. This act shall take effect immediately and  shall  apply  to  all
causes of action occurring on or after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04083-01-1

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