Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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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 |
senate Bill S885
Signed By GovernorSponsored By
Leroy Comrie
(D) 14th Senate District
Archive: Last 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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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) - Sponsor Memo
BILL NUMBER: S885 SPONSOR: COMRIE TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to notice to tenants in mortgage foreclosure actions PURPOSE: This is a chapter amendment that makes changes to the real actions and proceedings law SUMMARY OF PROVISIONS: The amendment amends the real property actions and proceedings law to add that a tenant who resides in a property after a foreclosure proceed- ing has commenced, may continue to reside in said property for a 90 days or for the remainder of their lease term but only up to a maximum of three years. The one year limitation would not apply to tenants who resided on the property at the start of the foreclosure action or
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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