Senate Bill S6420

2023-2024 Legislative Session

Relates to evictions as the result of foreclosure

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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

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2023-S6420 (ACTIVE) - Details

See Assembly Version of this Bill:
A8593
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§757 & 1302, RPAP L

2023-S6420 (ACTIVE) - Summary

Provides that any landlord that is in mortgage foreclosure due to loss of rent payments cannot enter into a state of foreclosure until a court handling a special proceeding to recover rent resolves any rent issues.

2023-S6420 (ACTIVE) - Sponsor Memo

2023-S6420 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6420
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to foreclosure of certain properties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  757 of the real property actions and proceedings
 law, as added by section 23 of part M of chapter 36 of the laws of 2019,
 is amended to read as follows:
   § 757. Eviction as the result of foreclosure. 1. ANY LANDLORD THAT  IS
 IN MORTGAGE FORECLOSURE DUE TO LOSS OF RENT PAYMENTS CANNOT ENTER INTO A
 STATE OF FORECLOSURE UNTIL A SPECIAL PROCEEDING TO RECOVER REAL PROPERTY
 IS  MAINTAINED  AND ANY RENT ISSUES ARE RESOLVED. SUCH COURT SHALL TRACK
 ALL LOSS OF RENT PAYMENT CASES AND SUBSEQUENT FORECLOSURE CASES.
   2. In the event that a lessee is removed from real  property  pursuant
 to this article, and the leased real property was the subject of a fore-
 closure  proceeding  pursuant  to  this  chapter or the subject of a tax
 foreclosure proceeding, the court records relating to  any  such  lessee
 shall be sealed and be deemed confidential. No disclosure or use of such
 information relating to any such lessee shall be authorized, and the use
 of such information shall be prohibited.
   §  2. Section 1302 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. ANY LANDLORD THAT IS IN MORTGAGE FORECLOSURE DUE TO  LOSS  OF  RENT
 PAYMENTS  CANNOT  ENTER  INTO  A  STATE  OF  FORECLOSURE UNTIL A SPECIAL
 PROCEEDING TO RECOVER REAL PROPERTY IS MAINTAINED AND  ANY  RENT  ISSUES
 ARE  RESOLVED. SUCH COURT SHALL TRACK ALL LOSS OF RENT PAYMENT CASES AND
 SUBSEQUENT FORECLOSURE CASES.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10803-02-3

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