senate Bill S885

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 - 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 (11)
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
Jan 25, 2021 referred to judiciary
delivered to assembly
passed senate
Jan 11, 2021 ordered to third reading cal.38
Jan 06, 2021 referred to rules

S885 (ACTIVE) - Details

See Assembly Version of this Bill:
A1972
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §1305, RPAP L

S885 (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.

S885 (ACTIVE) - Sponsor Memo

S885 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    885
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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