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Assembly Bill A4628

2021-2022 Legislative Session

Requires the court to hold a settlement conference prior to conducting any further proceedings in any pending residential eviction matter

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Archive: Last Bill Status - In Assembly Committee

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2021-A4628 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property

2021-A4628 (ACTIVE) - Summary

Requires the court to hold a settlement conference prior to conducting any further proceedings in any pending residential eviction matter; provides for the repeal of such provisions.

2021-A4628 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4628
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT requiring the court to hold  a  settlement  conference  prior  to
   conducting any further proceedings in any pending residential eviction
   matter;  and  providing for the repeal of such provisions upon expira-
   tion thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provision of law to the contrary, prior
 to  conducting  any  further  proceedings  in  any  pending  residential
 eviction matter, the court must hold a settlement  conference  with  the
 petitioner  and  the  respondent to review the effects, if any, that the
 COVID-19 pandemic has had on either parties,  review  any  relief  under
 state  or  federal  law that either party may be eligible for, including
 the New York Tenant Safe Harbor Act (Chapter 127 of 2020), refer  either
 party to local civil legal service providers or housing counseling agen-
 cies,  assess  any  pending  and  anticipated motions, approved briefing
 schedules proposed by stipulation of the parties, determine whether  the
 parties  can reach a mutually agreeable resolution to avoid eviction and
 review any other issues the court deems relevant. To the greatest extent
 possible, the court shall schedule a settlement conference  prior  to  a
 trial  or hearing, provided however, this requirement shall apply in all
 matters at any stage of the eviction process, including any matter where
 a warrant of eviction has issued and been delivered  to  an  enforcement
 agent  but has not been executed.  The court shall establish the parame-
 ters of the conference to ensure it is conducted, either  in  person  or
 virtually,  in  a  manner  that  ensures  equitable participation of the
 parties and a good faith attempt at settlement. The chief administrative
 judge shall by  rule  adopt  procedures  to  implement  such  settlement
 conference.
   ยง  2.  This  act  shall  take  effect  immediately and shall be deemed
 repealed January 1, 2023.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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