assembly Bill A1972

Signed By Governor
2021-2022 Legislative Session

Relates to notice to tenants in mortgage foreclosure actions

download bill text pdf

Sponsored By

Current Bill Status Via S885 - Signed by Governor


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2021 signed chap.83
Mar 12, 2021 delivered to governor
Mar 10, 2021 returned to senate
passed assembly
Feb 01, 2021 ordered to third reading cal.55
substituted for a1972
Feb 01, 2021 substituted by s885
Jan 21, 2021 advanced to third reading cal.55
Jan 20, 2021 reported
Jan 13, 2021 referred to judiciary

A1972 (ACTIVE) - Details

See Senate Version of this Bill:
S885
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1305, RPAP L

A1972 (ACTIVE) - Summary

Relates to notice to tenants in mortgage foreclosure actions; permits tenants who did not occupy the premises at the commencement of the foreclosure action to remain in occupancy for the remainder of the lease term, up to a maximum of three years.

A1972 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1972
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to notice to tenants in mortgage foreclosure actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 2 and 3 of section 1305 of the real property
 actions and proceedings law, as added by chapter  507  of  the  laws  of
 2009, are amended to read as follows:
   2.  Notwithstanding any other provision of law, a tenant of a unit not
 subject to rent control or rent stabilization shall have  the  right  to
 remain in occupancy of the unit of the subject residential real property
 where  he  or she resides on the date of [mailing] SERVICE of the notice
 required by subdivision three of this section for the greater of: (a)  a
 period  of  ninety  days  from the date of the [mailing] SERVICE of such
 notice; or (b) for the remainder of the lease term IF THE  TENANT  OCCU-
 PIED  THE  PREMISES  AT  THE  COMMENCEMENT  OF THE FORECLOSURE ACTION OR
 RECEIVED A NOTICE PURSUANT TO SECTION THIRTEEN  HUNDRED  THREE  OF  THIS
 ARTICLE;  OR  (C) FOR THE REMAINDER OF THE LEASE TERM, PROVIDED THAT THE
 LEASE AGREEMENT WAS ENTERED INTO IN  GOOD FAITH PURSUANT TO THIS SECTION
 AND FEDERAL LAW, UP TO A MAXIMUM OF THREE YEARS, FOR TENANTS WHO DID NOT
 OCCUPY THE PREMISES AT THE COMMENCEMENT OF THE  FORECLOSURE  ACTION  AND
 THEREFORE DID NOT RECEIVE THE ORIGINAL NOTICE OF SERVICE REQUIRED PURSU-
 ANT  TO SECTION THIRTEEN HUNDRED THREE OF THIS ARTICLE; provided that if
 a successor in interest who acquires  title  to  such  residential  real
 property intends to occupy a single unit as his or her primary residence
 and  the  unit  is not subject to a federal or state statutory system of
 subsidy or other federal or state statutory scheme,  the  successor  may
 limit for one unit only, the tenant's right of occupancy to ninety days.
 For  a  lease  to  qualify under this subdivision, the tenant under such
 lease may not be the owner of the residential real  property,  and  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.