Assembly Bill A1049

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

                                  1049

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. CAHILL -- Multi-Sponsored by -- M. of A. BENEDET-
  TO,  COOK, PERRY, ROBINSON, TENNEY, TITUS -- read once and referred to
  the Committee on Housing

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
              

A. 1049                             2

THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER, "NEIGH-
BORHOOD"  SHALL  MEAN  THE SCHOOL DISTRICT WHERE SUCH CHILDREN ATTEND OR
ARE ELIGIBLE TO ATTEND.
  S  2.  This  act  shall take effect immediately and shall apply to any
proceeding to recover real property filed with any  court  of  competent
jurisdiction on and after such effective date.