Senate Bill S3598

2017-2018 Legislative Session

Authorizes a stay in proceedings to recover possession of real property based upon non-payment, and authorizes payment of installments

download bill text pdf

Sponsored By

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

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2017-S3598 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §754, RPAP L
Versions Introduced in Other Legislative Sessions:
2013-2014: S5421
2015-2016: S2755
2019-2020: S4880

2017-S3598 (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.

2017-S3598 (ACTIVE) - Sponsor Memo

2017-S3598 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3598
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2017
                                ___________
 
 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:
   § 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.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07367-01-7

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