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Assembly Bill A3857

2015-2016 Legislative Session

Makes warrant execution, not issuance, following judgment for petitioner in summary proceeding to recover possession of real property act which annuls relationship

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Archive: Last Bill Status - On Floor Calendar

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2015-A3857 (ACTIVE) - Details

See Senate Version of this Bill:
S2872
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง749, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6015, S3846
2011-2012: A3679, S904
2013-2014: A5348, S3169
2017-2018: A4335, S3192

2015-A3857 (ACTIVE) - Summary

Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).

2015-A3857 (ACTIVE) - Bill Text download pdf 

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

                                  3857

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A. GOTTFRIED, DINOWITZ, JAFFEE, WEPRIN -- Multi-
  Sponsored by -- M. of A.  BRENNAN, CLARK, GLICK, HOOPER, PERRY,  SCAR-
  BOROUGH, SCHIMEL, WRIGHT -- read once and referred to the Committee on
  Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to the effect  of  issuance  and  execution  of  an  eviction
  warrant

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

  Section 1. Subdivision 3 of section 749 of the real  property  actions
and  proceedings  law, as amended by chapter 192 of the laws of 1975, is
amended to read as follows:
  3.  The [issuing] EXECUTION of a warrant for the removal of  a  tenant
cancels  the agreement under which the person removed held the premises,
and annuls the relation of landlord and tenant[, but  nothing  contained
herein  shall  deprive the court of the power to vacate such warrant for
good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI-
SION DOES NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH  WARRANT  AT
ANY  TIME.   Petitioner may recover by action any sum of money which was
payable at the time when the special proceeding was  commenced  and  the
reasonable  value of the use and occupation to the time when the warrant
was [issued] EXECUTED, for any period of time with respect to which  the
agreement does not make any provision for payment of rent.
  S  2.  This  act  shall take effect immediately and shall apply to all
causes of action occurring on or after such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02852-01-5

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