Search OpenLegislation Statutes

This entry was published on 2019-06-28
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Stay in premises occupied for dwelling purposes
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 753. Stay in premises occupied for dwelling purposes. 1. In a
proceeding to recover the possession of premises occupied for dwelling
purposes, other than a room or rooms in an hotel, lodging house, or
rooming house, the court, on application of the occupant, may stay the
issuance of a warrant and also stay any execution to collect the costs
of the proceeding for a period of not more than one year, if it appears
that the premises are used for dwelling purposes; that the application
is made in good faith; that the applicant cannot within the neighborhood
secure suitable premises similar to those occupied by the applicant and
that the applicant made due and reasonable efforts to secure such other
premises, or that by reason of other facts it would occasion extreme
hardship to the applicant or the applicant's family if the stay were not
granted. In determining whether refusal to grant a stay would occasion
extreme hardship, the court shall consider serious ill health,
significant exacerbation of an ongoing condition, a child's enrollment
in a local school, and any other extenuating life circumstances
affecting the ability of the applicant or the applicant's family to
relocate and maintain quality of life. The court shall consider any
substantial hardship the stay may impose on the landlord in determining
whether to grant the stay or in setting the length or other terms of the
stay. In an application brought outside a city of one million or more,
the term "neighborhood" shall be construed to mean (i) the same town,
village or city where the applicant now resides, or (ii) if the
applicant has school aged children residing with him or her,
"neighborhood" shall mean the school district where such children attend
or are eligible to attend.

2. Such stay shall be granted and continue effective only upon the
condition that the person against whom the judgment is entered shall
make a deposit in court of the entire amount, or such installments
thereof from time to time as the court may direct, for the occupation of
the premises for the period of the stay, at the rate for which the
applicant was liable as rent for the month immediately prior to the
expiration of the applicant's term or tenancy, plus such additional
amount, if any, as the court may determine to be the difference between
such rent and the reasonable rent or value of the use and occupation of
the premises; such deposit may also include all rent unpaid by the
occupant prior to the period of the stay. The amount of such deposit
shall be determined by the court upon the application for the stay and
such determination shall be final and conclusive in respect to the
amount of such deposit, and the amount thereof shall be paid into court,
in such manner and in such installments, if any, as the court may
direct. A separate account shall be kept of the amount to the credit of
each proceeding, and all such payments shall be deposited in a bank or
trust company and shall be subject to the check of the clerk of the
court, if there be one, or otherwise of the court. The clerk of the
court, if there be one, and otherwise the court shall pay to the
landlord or the landlord's duly authorized agent, the amount of such
deposit in accordance with the terms of the stay or the further order of
the court.

3. The provisions of this section shall not apply to a proceeding to
recover possession upon the ground that an occupant is holding over and
is objectionable if the landlord shall establish by competent evidence
to the satisfaction of the court that such occupant is objectionable.

4. In the event that such proceeding is based upon a claim that the
tenant or lessee has breached a provision of the lease, the court shall
grant a thirty day stay of issuance of the warrant, during which time
the respondent may correct such breach.

5. Any provision of a lease or other agreement whereby a lessee or
tenant waives any provision of this section shall be deemed against
public policy and void.