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Assembly Bill A7508

2019-2020 Legislative Session

Extends to commercial tenants the right to seek a stay of the issuance of a warrant in a proceeding to recover the possession of premises in the city of New York

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Archive: Last Bill Status - In Assembly Committee

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2019-A7508 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §753, RPAP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7494
2023-2024: A1097
2025-2026: A7531

2019-A7508 (ACTIVE) - Summary

Extends to commercial tenants the right to seek a stay of the issuance of a warrant and a stay of any execution to collect the costs of the proceeding in a proceeding to recover the possession of premises in the city of New York.

2019-A7508 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7508
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to extending to commercial tenants the right to seek  a  stay
   of  the  issuance  of a warrant and a stay of any execution to collect
   the costs of the proceeding in a proceeding to recover the  possession
   of premises 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. 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 and 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  OR
 COMMERCIAL  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
 OR COMMERCIAL purposes, other than a room or  rooms  in  [an]  A  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 land-
 lord, or, in a case where a new lessee is entitled to possession,  with-
 out  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 OR COMMER-
 CIAL purposes; that the application is made  in  good  faith;  that  the
 applicant  cannot within the neighborhood secure suitable premises simi-
 lar 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 HER or  his  OR
 HER family OR BUSINESS if the stay were not granted.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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