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Senate Bill S3169

2013-2014 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 - In Senate Committee Housing, Construction And Community Development Committee

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2013-S3169 (ACTIVE) - Details

See Assembly Version of this Bill:
A5348
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง749, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3846, A6015
2011-2012: S904, A3679
2015-2016: S2872, A3857
2017-2018: S3192, A4335

2013-S3169 (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).

2013-S3169 (ACTIVE) - Sponsor Memo

2013-S3169 (ACTIVE) - Bill Text download pdf 

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

                                  3169

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

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.
                                                           LBD01253-01-3

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