Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 30, 2020 |
approval memo.2 signed chap.127 |
Jun 18, 2020 |
delivered to governor |
May 27, 2020 |
returned to senate passed assembly ordered to third reading rules cal.31 substituted for a10290b |
May 27, 2020 |
substituted by s8192b rules report cal.31 reported |
May 26, 2020 |
reported referred to rules reported referred to codes |
May 24, 2020 |
print number 10290b |
May 24, 2020 |
amend (t) and recommit to judiciary |
May 18, 2020 |
print number 10290a |
May 18, 2020 |
amend (t) and recommit to judiciary |
Apr 08, 2020 |
referred to judiciary |
Assembly Bill A10290
Signed By Governor2019-2020 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status Via S8192 - Signed by Governor
- 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
Votes
Bill Amendments
co-Sponsors
Rebecca Seawright
Harvey Epstein
Joseph Lentol
Aravella Simotas
2019-A10290 - Details
- Law Section:
- Real Property Actions and Proceedings Law
2019-A10290 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10290 I N A S S E M B L Y April 8, 2020 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to default of payment of rent THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 711 of the real property actions and proceedings law, as amended by section 12 of part M of chapter 36 of the laws of 2019, is amended to read as follows: 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him OR HER as prescribed in section seven hundred thirty-five of this article. Any person succeeding to the landlord's interest in the premises may proceed under this subdivision for rent due his OR HER predecessor in interest if he OR SHE has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. THIS SUBDIVISION SHALL NOT APPLY WHERE A TENANT HAS DEFAULTED IN THE PAYMENT OF RENT DUE BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF THE EXECUTIVE LAW, DECLARED PURSUANT TO EXECUTIVE ORDER TWO HUNDRED TWO OF TWO THOUSAND TWENTY, AS AMENDED. § 2. Subdivision 2 of section 747 of the real property actions and proceedings law, as added by chapter 312 of the laws of 1962, is amended to read as follows: 2. The judgment shall not bar an action to recover the possession of real property. The judgment shall not bar an action, proceeding or coun- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
Rebecca Seawright
Harvey Epstein
Joseph Lentol
Aravella Simotas
2019-A10290A - Details
- Law Section:
- Real Property Actions and Proceedings Law
2019-A10290A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10290--A I N A S S E M B L Y April 8, 2020 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS, JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the real property actions and proceedings law, the real property law, and the civil practice law and rules, in relation to proceedings related to a tenant's default in the payment of rent between March 7, 2020 and a date six months after the expiration of the state COVID-19 disaster emergency THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "tenant safe harbor act". § 2. Subdivision 2 of section 711 of the real property actions and proceedings law, as amended by section 12 of part M of chapter 36 of the laws of 2019, is amended to read as follows: 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him OR HER as prescribed in section seven hundred thirty-five of this article. Any person succeeding to the landlord's interest in the premises may proceed under this subdivision for rent due his OR HER predecessor in interest if he OR SHE has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. THIS SUBDIVISION SHALL NOT APPLY WHERE A TENANT HAS DEFAULTED IN THE PAYMENT OF RENT DUE BETWEEN MARCH SEVENTH, TWO THOUSAND TWENTY AND A DATE SIX MONTHS AFTER THE EXPIRATION OF THE STATE DISASTER EMERGENCY, AS SUCH TERM IS DEFINED IN SECTION TWENTY OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
Rebecca Seawright
Harvey Epstein
Joseph Lentol
Aravella Simotas
2019-A10290B (ACTIVE) - Details
- Law Section:
- Real Property Actions and Proceedings Law
2019-A10290B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10290--B I N A S S E M B L Y April 8, 2020 ___________ Introduced by M. of A. DINOWITZ, SEAWRIGHT, EPSTEIN, LENTOL, SIMOTAS, JAFFEE, GOTTFRIED, ORTIZ, RAMOS, SIMON -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT in relation to prohibiting the eviction of residential tenants who have suffered financial hardship during the COVID-19 covered peri- od THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. For the purposes of this act, "COVID-19 covered period" means March 7, 2020 until the date on which none of the provisions that closed or otherwise restricted public or private businesses or places of public accommodation, or required postponement or cancellation of all non-essential gatherings of individuals of any size for any reason in Executive Orders 202.3, 202.4, 202.5, 202.6, 202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive Orders 202.28 and 202.31 and as further extended by any future Executive Order, issued in response to the COVID-19 pandemic continue to apply in the county of the tenant's or lawful occupant's residence. § 2. Notwithstanding any provision of law to the contrary: 1. No court shall issue a warrant of eviction or judgment of possession against a residential tenant or other lawful occupant that has suffered a financial hardship during the COVID-19 covered period for the non-payment of rent that accrues or becomes due during the COVID-19 covered period. 2. (a) A tenant or lawful occupant may raise financial hardship during the COVID-19 covered period as a defense in a summary proceeding under article 7 of the real property actions and proceedings law. (b) In determining whether a tenant or lawful occupant suffered a financial hardship during the COVID-19 covered period, the court shall consider, among other relevant factors: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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