Senate Bill S729

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    729
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  KAPLAN, PARKER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  evictions and foreclosures of federal employees during a
   federal government shutdown
 
   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 two  new  subdivisions  6  and  7  to  read  as
 follows:
   6. AS USED IN SECTIONS 768 AND 1392 OF THIS CHAPTER, THE TERM:
   (A) "FEDERAL WORKER":
   (I) MEANS AN EMPLOYEE OF A FEDERAL GOVERNMENT AGENCY; AND
   (II) IS A RESIDENT OF THIS STATE; AND
   (B)  "SHUTDOWN" MEANS ANY PERIOD IN WHICH THERE IS MORE THAN A TWENTY-
 FOUR HOUR LAPSE IN APPROPRIATIONS FOR ANY FEDERAL GOVERNMENT  AGENCY  OR
 FEDERAL DEPARTMENT AS A RESULT OF A FAILURE OF THE FEDERAL GOVERNMENT TO
 ENACT A REGULAR APPROPRIATIONS BILL OR CONTINUING RESOLUTION.
   7. AS USED IN SECTION 1392 OF THIS CHAPTER, THE TERM:
   (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING ON THE DATE ON WHICH A
 SHUTDOWN  BEGINS  AND  ENDING  ON THE DATE THAT IS THIRTY DAYS AFTER THE
 DATE ON WHICH THAT SHUTDOWN ENDS; AND
   (B) "COVERED ACTION" MEANS AN ACTION RELATING TO AN OBLIGATION:
   (I) WITH RESPECT TO REAL OR PERSONAL PROPERTY OWNED BY A FEDERAL WORK-
 ER; AND
   (II) THAT:
   (A) ORIGINATED BEFORE THE DATE ON WHICH A SHUTDOWN BEGINS;
   (B) IS IN EFFECT ON THE DATE ON WHICH A SHUTDOWN BEGINS; AND
   (C) IS SECURED BY A MORTGAGE, TRUST DEED, OR  OTHER  SECURITY  IN  THE
 NATURE OF A MORTGAGE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00796-01-1

 S. 729                              2
 
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 768 to read as follows:
   §  768. EVICTIONS DURING FEDERAL GOVERNMENT SHUTDOWN. 1. EXCEPT BY THE
 ORDER OF A COURT, A LANDLORD MAY NOT, DURING A SHUTDOWN, EVICT A FEDERAL
 WORKER FROM PREMISES THAT ARE OCCUPIED OR INTENDED TO BE OCCUPIED PRIMA-
 RILY AS A RESIDENCE.
   2. (A) UPON AN APPLICATION FOR EVICTION WITH RESPECT TO PREMISES  THAT
 ARE  OCCUPIED  OR  INTENDED  TO  BE OCCUPIED PRIMARILY AS A RESIDENCE, A
 COURT MAY, UPON MOTION OF THE COURT, AND SHALL, IF A REQUEST IS MADE  BY
 OR  ON  BEHALF  OF A FEDERAL WORKER, THE ABILITY OF WHOM TO PAY THE RENT
 THAT IS THE SUBJECT OF THE ACTION IS MATERIALLY AFFECTED BY A SHUTDOWN:
   (I) STAY THE PROCEEDINGS FOR A PERIOD OF THIRTY DAYS, UNLESS,  IN  THE
 OPINION  OF  THE  COURT,  JUSTICE AND EQUITY REQUIRE A LONGER OR SHORTER
 PERIOD OF TIME; OR
   (II) ADJUST THE OBLIGATION UNDER THE LEASE TO PRESERVE  THE  INTERESTS
 OF ALL PARTIES.
   (B)  IF  A  COURT GRANTS A STAY PURSUANT TO THIS SECTION THE COURT MAY
 GRANT TO THE LANDLORD SUCH RELIEF AS EQUITY MAY REQUIRE.
   § 3. The real property actions  and  proceedings  law  is  amended  by
 adding a new section 1392 to read as follows:
   §  1392.  FORECLOSURES  DURING  GOVERNMENT  SHUTDOWN.  1. IF A COVERED
 ACTION IS FILED IN A COURT DURING A COVERED PERIOD, THE COURT MAY, AFTER
 A HEARING AND UPON THE MOTION OF THE COURT, AND SHALL, UPON  APPLICATION
 BY  THE  FEDERAL  WORKER  IF THE ABILITY OF THE FEDERAL WORKER TO COMPLY
 WITH THE COVERED OBLIGATION IS MATERIALLY AFFECTED BY A SHUTDOWN:
   (A) STAY THE PROCEEDINGS FOR A PERIOD OF TIME AS  JUSTICE  AND  EQUITY
 REQUIRE; OR
   (B) ADJUST THE OBLIGATION TO PRESERVE THE INTERESTS OF ALL PARTIES.
   2.  A  SALE,  FORECLOSURE,  OR  SEIZURE OF PROPERTY FOR A BREACH OF AN
 OBLIGATION DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION  SEVEN  OF  SECTION
 ONE  HUNDRED  ELEVEN  OF  THIS  CHAPTER BY A FEDERAL WORKER SHALL NOT BE
 VALID IF MADE DURING A COVERED PERIOD EXCEPT UPON THE ORDER OF  A  COURT
 THAT IS GRANTED BEFORE SUCH SALE, FORECLOSURE, OR SEIZURE.
   § 4. This act shall take effect immediately.