Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 27, 2014 |
print number 853b |
Jan 27, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary |
Dec 23, 2013 |
print number 853a |
Dec 23, 2013 |
amend (t) and recommit to judiciary |
Jan 09, 2013 |
referred to judiciary |
Assembly Bill A853B
2013-2014 Legislative Session
Sponsored By
ROSENTHAL
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Richard Gottfried
James F. Brennan
Luis R. Sepúlveda
Robert J. Rodriguez
multi-Sponsors
Shelley Mayer
2013-A853 - Details
2013-A853 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 853 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ 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. LBD05202-01-3
co-Sponsors
Richard Gottfried
James F. Brennan
Luis R. Sepúlveda
Robert J. Rodriguez
multi-Sponsors
Shelley Mayer
Addie Jenne
2013-A853A - Details
2013-A853A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 853--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL, GOTTFRIED, BRENNAN, SEPULVEDA, RODRI- GUEZ -- Multi-Sponsored by -- M. of A. MAYER -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the debtor and creditor law, in relation to bankruptcy exemptions for rent regulated tenancies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 282 of the debtor and creditor law is amended by adding a new subdivision 4 to read as follows: 4. BANKRUPTCY EXEMPTION FOR RENT REGULATED TENANCIES. THE DEBTOR'S INTEREST, NOT EXCEEDING ONE HUNDRED FIFTY THOUSAND DOLLARS, IN A RESI- DENTIAL RENT REGULATED TENANCY, HELD AND OCCUPIED BY THE JUDGMENT DEBTOR 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. THE EXEMPTION OF AN INTEREST IN A RENT REGULATED TENANCY IS NOT VOID BECAUSE THE VALUE OF THE PROPERTY EXCEEDS ONE HUNDRED FIFTY THOU- SAND DOLLARS, BUT THE PROCEEDS FROM THE ASSUMPTION AND ASSIGNMENT OF SUCH AN INTEREST SHALL ONLY BE AVAILABLE FOR DISTRIBUTION TO CREDITORS BY THE TRUSTEE TO THE EXTENT THOSE PROCEEDS EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS. DEBTORS FILING A JOINT BANKRUPTCY MAY AGGREGATE THEIR EXEMPTIONS TO EXEMPT THE FIRST THREE HUNDRED THOUSAND DOLLARS OF PROCEEDS FROM ANY TRUSTEE ACTION AGAINST A RENT REGULATED TENANCY. 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. LBD05202-03-3
co-Sponsors
Richard Gottfried
James F. Brennan
Luis R. Sepúlveda
Robert J. Rodriguez
multi-Sponsors
Shelley Mayer
N. Nick Perry
Addie Jenne
2013-A853B (ACTIVE) - Details
2013-A853B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 853--B 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. ROSENTHAL, GOTTFRIED, BRENNAN, SEPULVEDA, RODRI- GUEZ -- Multi-Sponsored by -- M. of A. MAYER, RUSSELL -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the debtor and creditor law, in relation to bankruptcy exemptions for rent regulated tenancies THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 282 of the debtor and creditor law is amended by adding a new subdivision 4 to read as follows: 4. BANKRUPTCY EXEMPTION FOR RENT REGULATED TENANCIES. THE DEBTOR'S INTEREST, NOT EXCEEDING ONE HUNDRED FIFTY THOUSAND DOLLARS, IN A RESI- DENTIAL RENT REGULATED TENANCY, HELD AND OCCUPIED BY THE DEBTOR FOR A RENT REGULATED UNIT, REGULATED UNDER THE RENT STABILIZATION LAW OF NINE- TEEN 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. THE EXEMPTION OF AN INTEREST IN A RENT REGULATED TENANCY IS NOT VOID BECAUSE THE VALUE OF THE PROPERTY EXCEEDS ONE HUNDRED FIFTY THOUSAND DOLLARS, BUT THE PROCEEDS FROM THE ASSUMPTION AND ASSIGNMENT OF SUCH AN INTEREST SHALL ONLY BE AVAILABLE FOR DISTRIBUTION TO CREDITORS BY THE TRUSTEE TO THE EXTENT THOSE PROCEEDS EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS. DEBTORS FILING A JOINT BANKRUPTCY MAY AGGREGATE THEIR EXEMPTIONS TO EXEMPT THE FIRST THREE HUNDRED THOUSAND DOLLARS OF PROCEEDS FROM ANY TRUSTEE ACTION AGAINST A RENT REGULATED TENANCY. 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.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.