Assembly Bill A615

2009-2010 Legislative Session

Increases the value of homesteads which are to be exempt from civil judgments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A615 (ACTIVE) - Details

See Senate Version of this Bill:
S2161
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5206, 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-A615 (ACTIVE) - Summary

Increases the value of homesteads which are exempt from civil judgements from fifty thousand to two hundred fifty thousand dollars.

2009-A615 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   615

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. JEFFRIES -- read once and referred to the Commit-
  tee on Judiciary

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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.