Assembly Bill A10167

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10167
 
                           I N  A S S E M B L Y
 
                              March 24, 2020
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  evictions and foreclosures during a state disaster emer-
   gency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  111 of the real property actions and proceedings
 law is amended by adding two  new  subdivisions  6  and  7  to  read  as
 follows:
   6. AS USED IN SECTIONS 768-A AND 1393 OF THIS CHAPTER, THE TERM "STATE
 DISASTER  EMERGENCY" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY OF
 THE EXECUTIVE LAW.
   7. AS USED IN SECTION 1393 OF THIS CHAPTER, THE TERM:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING ON THE DATE ON WHICH A
 STATE DISASTER EMERGENCY BEGINS AND ENDING ON THE DATE  THAT  IS  THIRTY
 DAYS AFTER THE DATE ON WHICH THAT STATE DISASTER EMERGENCY ENDS; AND
   (B) "COVERED ACTION" MEANS AN ACTION RELATING TO AN OBLIGATION:
   (I)  WITH  RESPECT  TO REAL OR PERSONAL PROPERTY OWNED BY A MORTGAGOR;
 AND
   (II) THAT:
   (A) ORIGINATED BEFORE THE DATE ON WHICH  A  STATE  DISASTER  EMERGENCY
 BEGINS;
   (B)  IS  IN  EFFECT  ON  THE  DATE ON WHICH A STATE DISASTER EMERGENCY
 BEGINS; AND
   (C) IS SECURED BY A MORTGAGE, TRUST DEED, OR  OTHER  SECURITY  IN  THE
 NATURE OF A MORTGAGE.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 768-a to read as follows:
   § 768-A. EVICTIONS DURING STATE DISASTER EMERGENCY. 1. EXCEPT  BY  THE
 ORDER OF A COURT, A LANDLORD MAY NOT, DURING A STATE DISASTER EMERGENCY,
 EVICT  A  TENANT FROM PREMISES THAT ARE OCCUPIED OR INTENDED TO BE OCCU-
 PIED PRIMARILY AS A RESIDENCE.

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

                                                            LBD15868-01-0

 A. 10167                            2
 
   2. (A) UPON AN APPLICATION FOR EVICTION WITH RESPECT TO PREMISES  THAT
 ARE  OCCUPIED  OR  INTENDED  TO  BE OCCUPIED PRIMARILY AS A RESIDENCE, A
 COURT MAY, UPON MOTION OF THE COURT, AND SHALL, IF A REQUEST IS MADE  BY
 OR  ON  BEHALF OF A TENANT, IF THE ABILITY OF THE TENANT TO PAY THE RENT
 THAT  IS  THE  SUBJECT  OF  THE ACTION IS MATERIALLY AFFECTED BY A STATE
 DISASTER EMERGENCY:
   (I) STAY THE PROCEEDINGS FOR A PERIOD OF THIRTY DAYS, UNLESS,  IN  THE
 OPINION  OF  THE  COURT,  JUSTICE AND EQUITY REQUIRE A LONGER OR SHORTER
 PERIOD OF TIME; OR
   (II) ADJUST THE OBLIGATION UNDER THE LEASE TO PRESERVE  THE  INTERESTS
 OF ALL PARTIES.
   (B)  IF  A  COURT GRANTS A STAY PURSUANT TO THIS SECTION THE COURT MAY
 GRANT TO THE LANDLORD SUCH RELIEF AS EQUITY MAY REQUIRE.
   § 3. The real property actions  and  proceedings  law  is  amended  by
 adding a new section 1393 to read as follows:
   §  1393. FORECLOSURES DURING STATE DISASTER EMERGENCY. 1. IF A COVERED
 ACTION IS FILED IN A COURT DURING A COVERED PERIOD, THE COURT MAY, AFTER
 A HEARING AND UPON THE MOTION OF THE COURT, AND SHALL, UPON  APPLICATION
 BY  THE  DEFENDANT  IF  THE  ABILITY OF THE DEFENDANT TO COMPLY WITH THE
 COVERED OBLIGATION IS MATERIALLY AFFECTED BY A STATE DISASTER EMERGENCY:
   (A) STAY THE PROCEEDINGS FOR A PERIOD OF TIME AS  JUSTICE  AND  EQUITY
 REQUIRE; OR
   (B) ADJUST THE OBLIGATION TO PRESERVE THE INTERESTS OF ALL PARTIES.
   2.  A  SALE,  FORECLOSURE,  OR  SEIZURE OF PROPERTY FOR A BREACH OF AN
 OBLIGATION DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION  SEVEN  OF  SECTION
 ONE  HUNDRED ELEVEN OF THIS CHAPTER BY A MORTGAGOR SHALL NOT BE VALID IF
 MADE DURING A COVERED PERIOD EXCEPT UPON THE ORDER OF A  COURT  THAT  IS
 GRANTED BEFORE SUCH SALE, FORECLOSURE, OR SEIZURE.
   § 4. This act shall take effect immediately.