Assembly Bill A6576

2019-2020 Legislative Session

Relates to summary judgment proceedings to recover possession of real property in non-payment proceedings in the city of New York; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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2019-A6576 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §745, rpld §747-a, RPAP L

2019-A6576 (ACTIVE) - Summary

Relates to providing additional protections to tenants in summary judgment proceedings to recover possession of real property in non-payment proceedings in the city of New York.

2019-A6576 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6576
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to summary proceedings to recover possession of real  proper-
   ty; and to repeal certain provisions of such law relating to judgments
   in non-payment proceedings in the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 745 of the real  property  actions
 and  proceedings  law,  as  amended  by chapter 116 of the laws of 1997,
 subparagraph (i) of paragraph (b) as amended by chapter 601 of the  laws
 of 2007, is amended to read as follows:
   2. In the city of New York:
   (a) In a summary proceeding upon the second of two adjournments GRANT-
 ED  SOLELY  at  the  request of the respondent, or, upon the [thirtieth]
 SIXTIETH day after the first appearance of the parties in court less any
 days that the proceeding has been adjourned  upon  the  request  of  the
 petitioner, COUNTING ONLY DAYS ATTRIBUTABLE TO ADJOURNMENT REQUESTS MADE
 SOLELY  AT  THE  REQUEST  OF  THE RESPONDENT AND NOT COUNTING AN INITIAL
 ADJOURNMENT REQUESTED BY A RESPONDENT UNREPRESENTED BY COUNSEL  FOR  THE
 PURPOSE  OF SECURING COUNSEL, whichever occurs sooner, the court [shall]
 MAY, UPON CONSIDERATION OF THE EQUITIES,  direct  that  the  respondent,
 upon [an application] A MOTION ON NOTICE MADE by the petitioner, deposit
 with  the  court  [within  five  days] sums of rent or use and occupancy
 [accrued from the date the petition and notice of  petition  are  served
 upon  the  respondent,  and all sums as they become due for rent and use
 and occupancy] THAT SHALL ACCRUE SUBSEQUENT TO THE DATE OF  THE  COURT'S
 ORDER,  which  may  be established without the use of expert testimony[,
 unless]. THE COURT SHALL NOT ORDER DEPOSIT OR PAYMENT OF USE  AND  OCCU-
 PANCY  WHERE the respondent can establish[, at an immediate hearing], to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09959-01-9
              

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