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Assembly Bill A9952

2011-2012 Legislative Session

Provides for the exemption of rent regulated apartment leases from the satisfaction of a money judgment

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Archive: Last Bill Status - In Assembly Committee

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2011-A9952 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5205, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A853
2015-2016: A588
2017-2018: A3576

2011-A9952 (ACTIVE) - Summary

Provides for the exemption of a lease valued at $150,000 or less, held and occupied by the judgment debtor or family for a rent stabilized regulated unit from the satisfaction of a money judgment for bankruptcy proceedings.

2011-A9952 (ACTIVE) - Bill Text download pdf 

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

                                  9952

                          I N  A S S E M B L Y

                             April 26, 2012
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to provid-
  ing for the exemption of rent  regulated  apartment  leases  from  the
  satisfaction of a money judgment

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

  Section 1. Paragraphs 8 and 9 of subdivision (a) of  section  5205  of
the civil practice law and rules, paragraph 8 as amended by chapter 1 of
the  laws of 2011 and paragraph 9 as added by chapter 568 of the laws of
2010, are amended to read as follows:
  8. one motor vehicle not exceeding  four  thousand  dollars  in  value
above  liens  and  encumbrances  of the debtor; if such vehicle has been
equipped for use by a disabled debtor,  then  ten  thousand  dollars  in
value  above  liens  and  encumbrances of the debtor; provided, however,
that this exemption for one motor vehicle shall not apply  if  the  debt
enforced  is for child support, spousal support, maintenance, alimony or
equitable distribution, or if the state of New York or any of its  agen-
cies or any municipal corporation is the judgment creditor; [and]
  9.  A LEASE NOT EXCEEDING ONE HUNDRED FIFTY THOUSAND DOLLARS IN VALUE,
HELD AND OCCUPIED BY THE JUDGMENT DEBTOR OR FAMILY FOR A RENT  REGULATED
UNIT,  REGULATED  UNDER  THE  RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE,  THE   EMERGENCY   TENANT   PROTECTION   ACT   OF   NINETEEN
SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LIMITED-PROFIT
HOUSING COMPANIES ACT OR THE CITY RENT AND REHABILITATION LAW; AND
  10. if no homestead exemption is claimed, then one thousand dollars in
personal property, bank account or cash.
  S  2.  This  act  shall take effect immediately and shall apply to the
satisfaction of judgments on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14993-04-2

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