Senate Bill S1375

2015-2016 Legislative Session

Relates to certain holdover tenants

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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

Do you support this bill?

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
Votes

2015-S1375 (ACTIVE) - Details

See Assembly Version of this Bill:
A1049
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Amd ยง753, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2599, A3646
2011-2012: S4079, A164
2013-2014: S1887, A1097
2017-2018: S997, A7170
2019-2020: A551

2015-S1375 (ACTIVE) - Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants.

2015-S1375 (ACTIVE) - Sponsor Memo

2015-S1375 (ACTIVE) - Bill Text download pdf 

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

                                  1375

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 12, 2015
                               ___________

Introduced  by  Sen. BONACIC -- 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 certain holdover tenants

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

  Section 1. The section heading and subdivision 1 of section 753 of the
real  property  actions  and  proceedings  law,  the  section heading as
amended by chapter 870 of the laws of 1982, subdivision 1 as amended  by
chapter 305 of the laws of 1963, are amended to read as follows:
  Stay  where  tenant  holds  over  in  premises  occupied  for dwelling
purposes [in city of New York].  1.  In  a  proceeding  to  recover  the
possession  of  premises [in the city of New York] occupied for dwelling
purposes, other than a room or rooms in  an  hotel,  lodging  house,  or
rooming  house,  upon  the  ground that the occupant is holding over and
continuing in possession of the premises after the expiration of his  OR
HER term and without the permission of the landlord, or, in a case where
a  new  lessee  is entitled to possession, without the permission of the
new lessee, the court, on application of  the  occupant,  may  stay  the
issuance  of  a warrant and also stay any execution to collect the costs
of the proceeding for a period of  not  more  than  six  months,  if  it
appears  that  the  premises  are  used  for dwelling purposes; that the
application is made in good faith; that the applicant cannot within  the
neighborhood  secure  suitable premises similar to those occupied by him
OR HER and that he OR SHE made due and reasonable efforts to secure such
other premises, or that by reason  of  other  facts  it  would  occasion
extreme hardship to [him or his] THE APPLICANT OR THE APPLICANT'S family
if  the  stay  were  not granted.   IN AN APPLICATION BROUGHT IN TOWN OR
VILLAGE COURTS, THE TERM  "NEIGHBORHOOD"  SHALL  BE  CONSTRUED  TO  MEAN
EITHER  THE  SAME TOWN OR VILLAGE WHERE THE APPLICANT NOW RESIDES, OR IF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03332-01-5

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.