Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to housing, construction and community development |
Jan 29, 2015 |
referred to housing, construction and community development |
Senate Bill S2755
2015-2016 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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
Actions
2015-S2755 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9986
- 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
2013-2014: S5421, A2864
2017-2018: S3598
2019-2020: S4880
2015-S2755 (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.
2015-S2755 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2755 TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill would provide a mechanism whereby the court may, when justified, allow a payment schedule in a non-payment case. SUMMARY OF SPECIFIC PROVISIONS: In a proceeding to recover possession upon the ground that the respondent has defaulted in rent payment when judgment is rendered in petitioner's favor, 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. Amy provision in a lease or other agreement in which a lessee or tenant waives any of the bill's provisions shall be deemed void and against public policy. JUSTIFICATION: In some non-payment cases there is a need to allow a limited period of time in which the mandatory, periodic payments toward rental arrears
2015-S2755 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2755 2015-2016 Regular Sessions I N S E N A T E January 29, 2015 ___________ 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. LBD06878-01-5
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