Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 12, 2009 |
referred to codes |
Senate Bill S2161
2009-2010 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(D) Senate District
(D, WF) Senate District
(D, WF) 28th Senate District
(D) Senate District
2009-S2161 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A615
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §5206, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1965
2013-2014: S3198
2015-2016: S1588
2017-2018: S3244
2019-2020: S4504
2021-2022: S5040
2023-2024: S6007
2009-S2161 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2161 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to increasing the value of homesteads which are to be exempt from civil judgments PURPOSE : This bill would amend the Civil Practice Law and Rules, in relation-to increasing the value of the homestead exemption for civil judgments. SUMMARY OF PROVISIONS : This bill would amend Section 5206 of the Civil Practice Law and Rules to increase the homestead exemption amount from civil judgments in New York State from $50,000 to $250,000. JUSTIFICATION : The idea of the homestead exemption to civil judgments seems to have been that no civil judgment against any person should result in that person forfeiting his or her having a right to a place to live. To that end, Chapter 181 of the Laws of 1977 made the value of a person's homestead up to $10,000 exempt from civil judgments against that person. Later on, Section 282 of the Debtor and Creditor Law extended this
2009-S2161 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2161 2009-2010 Regular Sessions I N S E N A T E February 12, 2009 ___________ Introduced by Sens. PARKER, DILAN, HASSELL-THOMPSON, KRUEGER, ONORATO, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to increasing the value of homesteads which are to be exempt from civil judgments THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a), (d) and (e) of section 5206 of the civil practice law and rules, as amended by chapter 623 of the laws of 2005, are amended to read as follows: (a) Exemption of homestead. Property of one of the following types, not exceeding TWO HUNDRED fifty thousand dollars 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. (d) Exemption of homestead exceeding TWO HUNDRED fifty thousand dollars in value. The exemption of a homestead is not void because the value of the property exceeds TWO HUNDRED fifty thousand dollars but the lien of a judgment attaches to the surplus. (e) Sale of homestead exceeding TWO HUNDRED fifty thousand dollars 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 TWO HUNDRED fifty thousand dollars in value. The court may direct that the notice of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00170-01-9
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