assembly Bill A5778

2021-2022 Legislative Session

Establishes protection for senior citizens against unwarranted eviction

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to housing
Feb 24, 2021 referred to housing

Co-Sponsors

Multi-Sponsors

A5778 (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§111 & 741, add Art 7 §768-a, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2562
2011-2012: A2946
2013-2014: A3951
2015-2016: A3736
2017-2018: A5892
2019-2020: A1095

A5778 (ACTIVE) - Summary

Establishes protection for senior citizens against unwarranted eviction; requires plaintiff/landlord to file an affidavit determining whether or not the respondent is a senior citizen and sets forth guidelines and procedures for a default eviction against a senior citizen, including representation of counsel; defines senior citizen as persons aged 62 or over for purposes of real property actions and proceedings law.

A5778 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5778
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of A. GLICK, ENGLEBRIGHT, L. ROSENTHAL, GOTTFRIED --
   Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, DINOWITZ, PERRY  --
   read once and referred to the Committee on Housing
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to establishing protection for senior citizens against unwar-
   ranted eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  111 of the real property actions and proceedings
 law is amended by adding a new subdivision 6 to read as follows:
   6. AS USED IN THIS CHAPTER, THE TERM "SENIOR CITIZEN" MEANS  A  PERSON
 WHO  IS  SIXTY-TWO  YEARS OF AGE OR OLDER OR A PERSON WHO RESIDES WITH A
 SPOUSE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
   § 2. Subdivision 2 of section 741 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.  State  the respondent's interest in the premises [and], his OR HER
 relationship to petitioner with regard thereto AND WHETHER HE OR SHE  IS
 A SENIOR CITIZEN.
   §  3.  Article  7  of the real property actions and proceedings law is
 amended by adding a new section 768-a to read as follows:
   § 768-A. DEFAULT EVICTION AGAINST SENIOR  CITIZEN.  1.  IN  ANY  CIVIL
 ACTION OR PROCEEDING FOR EVICTION FROM ANY PREMISES OCCUPIED CHIEFLY FOR
 DWELLING  PURPOSES,  IF THERE SHALL BE A DEFAULT OF AN APPEARANCE BY THE
 RESPONDENT, THE PETITIONER, WITHIN TWENTY DAYS BEFORE THE ENTRY OF JUDG-
 MENT OR FINAL ORDER SHALL FILE IN THE COURT AN AFFIDAVIT  SETTING  FORTH
 FACTS SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN.
   2. IF UNABLE TO FILE SUCH AFFIDAVIT THE PETITIONER SHALL IN LIEU THER-
 EOF  FILE  AN  AFFIDAVIT  SETTING  FORTH EITHER THAT THE RESPONDENT IS A
 SENIOR CITIZEN OR THAT THE PETITIONER IS NOT ABLE TO  DETERMINE  WHETHER
 OR  NOT  RESPONDENT  IS  A  SENIOR CITIZEN. IF AN AFFIDAVIT IS NOT FILED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.