| 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 |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Bill Amendments
Co-Sponsors
Richard Gottfried
James F. Brennan
Luis R. Sepúlveda
Robert J. Rodriguez
Multi-Sponsors
Shelley Mayer
A853 - Details
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
A853A - Details
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
A853B (ACTIVE) - Details
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.