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This entry was published on 2014-09-22
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SECTION 5206
Real property exempt from application to the satisfaction of money judgments
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5206. Real property exempt from application to the satisfaction of
money judgments. (a) Exemption of homestead. Property of one of the
following types, not exceeding one hundred fifty thousand dollars for
the counties of Kings, Queens, New York, Bronx, Richmond, Nassau,
Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five
thousand dollars for the counties of Dutchess, Albany, Columbia, Orange,
Saratoga and Ulster; and seventy-five thousand dollars for the remaining
counties of the state in value above liens and encumbrances, owned and
occupied as a principal residence, is exempt from application to the
satisfaction of a money judgment, unless the judgment was recovered
wholly for the purchase price thereof:

1. a lot of land with a dwelling thereon,

2. shares of stock in a cooperative apartment corporation,

3. units of a condominium apartment, or

4. a mobile home.

But no exempt homestead shall be exempt from taxation or from sale for
non-payment of taxes or assessments.

(b) Homestead exemption after owner's death. The homestead exemption
continues after the death of the person in whose favor the property was
exempted for the benefit of the surviving spouse and surviving children
until the majority of the youngest surviving child and until the death
of the surviving spouse.

(c) Suspension of occupation as affecting homestead. The homestead
exemption ceases if the property ceases to be occupied as a residence by
a person for whose benefit it may so continue, except where the
suspension of occupation is for a period not exceeding one year, and
occurs in consequence of injury to, or destruction of, the dwelling
house upon the premises.

(d) Exemption of homestead exceeding one hundred fifty thousand
dollars in value for the counties of Kings, Queens, New York, Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five thousand dollars for the counties of Dutchess, Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for the remaining counties of the state. The exemption of a homestead is
not void because the value of the property exceeds one hundred fifty
thousand dollars for the counties of Kings, Queens, New York, Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five thousand dollars for the counties of Dutchess, Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for the remaining counties of the state but the lien of a judgment
attaches to the surplus.

(e) Sale of homestead exceeding one hundred fifty thousand dollars for
the counties of Kings, Queens, New York, Bronx, Richmond, Nassau,
Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five
thousand dollars for the counties of Dutchess, Albany, Columbia, Orange,
Saratoga and Ulster; and seventy-five thousand dollars for the remaining
counties of the state in value. A judgment creditor may commence a
special proceeding in the county in which the homestead is located
against the judgment debtor for the sale, by a sheriff or receiver, of a
homestead exceeding one hundred fifty thousand dollars for the counties
of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland,
Westchester and Putnam; one hundred twenty-five thousand dollars for the
counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and
seventy-five thousand dollars for the remaining counties of the state in
value. The court may direct that the notice of petition be served upon
any other person. The court, if it directs such a sale, shall so marshal
the proceeds of the sale that the right and interest of each person in
the proceeds shall correspond as nearly as may be to his right and
interest in the property sold. Money, not exceeding one hundred fifty
thousand dollars for the counties of Kings, Queens, New York, Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five thousand dollars for the counties of Dutchess, Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for the remaining counties of the state, paid to a judgment debtor, as
representing his interest in the proceeds, is exempt for one year after
the payment, unless, before the expiration of the year, he acquires an
exempt homestead, in which case, the exemption ceases with respect to so
much of the money as was not expended for the purchase of that property;
and the exemption of the property so acquired extends to every debt
against which the property sold was exempt. Where the exemption of
property sold as prescribed in this subdivision has been continued after
the judgment debtor's death, or where he dies after the sale and before
payment to him of his portion of the proceeds of the sale, the court may
direct that portion of the proceeds which represents his interest be
invested for the benefit of the person or persons entitled to the
benefit of the exemption, or be otherwise disposed of as justice
requires.

(f) Exemption of burying ground. Land, set apart as a family or
private burying ground, is exempt from application to the satisfaction
of a money judgment, upon the following conditions only:

1. a portion of it must have been actually used for that purpose;

2. it must not exceed in extent one-fourth of an acre; and

3. it must not contain any building or structure, except one or more
vaults or other places of deposit for the dead, or mortuary monuments.