Do you support this bill?

Senate Bill S5421

2013-2014 Legislative Session

Authorizes a stay in proceedings to recover possession of real property based upon non-payment, and authorizes payment of installments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2013-S5421 (ACTIVE) - Details

See Assembly Version of this Bill:
A2864
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add ยง754, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4753
2011-2012: A2508
2015-2016: S2755, A4555, A9986
2017-2018: S3598
2019-2020: S4880

2013-S5421 (ACTIVE) - Summary

Permits the court to stay a warrant issued in favor of a successful petitioner in cases where the respondent has defaulted in the payment of rent for a period not to exceed three months from the date of the judgment and to condition the same upon payment of installments from time to time.

2013-S5421 (ACTIVE) - Sponsor Memo

2013-S5421 (ACTIVE) - Bill Text download pdf 

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

                                  5421

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 providing for a stay in  certain  proceedings  to  recover
  possession of real property

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

  Section 1. The real property actions and proceedings law is amended by
adding a new section 754 to read as follows:
  S 754. STAY OF PROCEEDING OR ACTION  FOR  RENT.  IN  A  PROCEEDING  TO
RECOVER  POSSESSION UPON THE GROUND THAT THE RESPONDENT HAS DEFAULTED IN
THE PAYMENT OF RENT WHEN JUDGMENT IS RENDERED IN FAVOR OF THE  PETITION-
ER,  THE COURT MAY STAY THE ISSUANCE OF THE WARRANT FOR GOOD CAUSE SHOWN
FOR A PERIOD NOT TO EXCEED THREE MONTHS FROM THE DATE  THE  JUDGMENT  IS
ENTERED.  THE  COURT  MAY  ALSO  CONDITION SUCH STAY UPON THE PAYMENT OF
INSTALLMENTS FROM TIME TO TIME AS THE COURT MAY DIRECT. ANY PROVISION OF
A LEASE OR OTHER  AGREEMENT  WHEREBY  A  LESSEE  OR  TENANT  WAIVES  ANY
PROVISION  OF THIS SECTION SHALL BE DEEMED VOID AND AGAINST PUBLIC POLI-
CY.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06316-01-3

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.