senate Bill S5047

2019-2020 Legislative Session

Relates to stipulations in summary proceedings to recover possession of real property

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2020 referred to judiciary
delivered to assembly
passed senate
Jul 21, 2020 ordered to third reading cal.777
Jul 20, 2020 reported and committed to rules
reported and committed to rules
Jan 08, 2020 referred to judiciary
returned to senate
died in assembly
Jun 14, 2019 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1386
committee discharged and committed to rules
Apr 04, 2019 referred to judiciary

Votes

view votes

Jul 21, 2020 - Rules committee Vote

S5047
13
5
committee
13
Aye
5
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jul 20, 2020 - Judiciary committee Vote

S5047
11
3
committee
11
Aye
3
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jul 20, 2020

aye wr (1)

Jun 14, 2019 - Rules committee Vote

S5047
12
6
committee
12
Aye
6
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S5047 (ACTIVE) - Details

See Assembly Version of this Bill:
A1511
Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act; amd §746, RPAP L
Versions Introduced in 2017-2018 Legislative Session:
S4376, A11106

S5047 (ACTIVE) - Summary

Relates to stipulations in summary proceedings to recover possession of real property.

S5047 (ACTIVE) - Sponsor Memo

S5047 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5047

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 4, 2019
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the New York city civil court act and the real  property
  actions  and  proceedings  law, in relation to stipulations in summary
  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.  Legislative  findings  and intent. The legislature hereby
finds and declares that litigants in cases in housing court parts, espe-
cially in the state's major metropolitan areas,  are  often  self-repre-
sented.    Under  these circumstances, and especially because the stakes
for the self-represented litigant in such cases can be  so  high,  e.g.,
eviction  from  one's home, it is vital to the administration of justice
that the judges in such parts take all necessary and  appropriate  steps
to   assure   that   self-represented  litigants  fully  understand  the
proceedings in which they are involved, any claims or defenses they  may
have and the available options in light of those claims or defenses, and
the  potential  consequences of any agreements they may be asked to make
in the course of those proceedings. Accordingly, it  is  the  intent  of
this  act  that  no  agreement  between the parties to a proceeding in a
housing court part wherein one or more of such parties  are  self-repre-
sented  may  be approved by the court unless the judge presiding therein
ascertains that the claims or defenses of  each  self-represented  party
are  adequately  addressed  in the stipulation and that each self-repre-
sented party understands the nature and consequences of such  agreement;
and the judge memorializes such inquiry on the record of the proceeding.
In  declaring  this intent, the legislature further reminds all authori-
ties responsible for designating  the  judges  who  preside  in  housing
courts  parts  of the importance of selecting or reappointing judges who
are best equipped, by training, experience and disposition,  to  preside
over cases where parties frequently are self-represented.

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

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