S T A T E O F N E W Y O R K
________________________________________________________________________
7170
2017-2018 Regular Sessions
I N A S S E M B L Y
April 12, 2017
___________
Introduced by M. of A. CAHILL -- 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
THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER, "NEIGH-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01319-01-7
A. 7170 2
BORHOOD" SHALL MEAN THE SCHOOL DISTRICT WHERE SUCH CHILDREN ATTEND OR
ARE ELIGIBLE TO ATTEND.
§ 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.