Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to housing, construction and community development |
Jan 05, 2011 |
referred to housing, construction and community development |
Senate Bill S904
2011-2012 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last 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
Actions
2011-S904 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3679
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd ยง749, RPAP L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3846, A6015
2013-2014: S3169, A5348
2015-2016: S2872, A3857
2017-2018: S3192, A4335
2011-S904 (ACTIVE) - Summary
Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).
2011-S904 (ACTIVE) - Sponsor Memo
BILL NUMBER:S904 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to the effect of issuance and execution of an eviction warrant PURPOSE OR GENERAL IDEA OF BILL: To provide tenants with a fair opportunity to satisfy judgments or contest a default before being evicted. SUMMARY OF PROVISIONS: Amends Subdivision 3 of Section 749 of the Real Property Actions and proceedings Law to designate the execution of the warrant rather that its issuance as the act that cancels the tenancy agreement. Also gives the court discretion to vacate a warrant. JUSTIFICATION: Tenants who have defaulted in answering a dispossess - e.g., because they were out of town or ill when it was served often face an uphill battle in having the defaulting judgment and warrant vacated. Often their success or failure hinges solely upon the whims of the particular judge before whom they appear or upon whether they have an attorney who can prepare good motion papers and strenuously argue their case. The poor, the illiterate and the elderly often fall
2011-S904 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 904 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KRUEGER -- 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 the effect of issuance and execution of an eviction warrant THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 749 of the real property actions and proceedings law, as amended by chapter 192 of the laws of 1975, is amended to read as follows: 3. The [issuing] EXECUTION of a warrant for the removal of a tenant cancels the agreement under which the person removed held the premises, and annuls the relation of landlord and tenant[, but nothing contained herein shall deprive the court of the power to vacate such warrant for good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI- SION DOES NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH WARRANT AT ANY TIME. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was [issued] EXECUTED, for any period of time with respect to which the agreement does not make any provision for payment of rent. S 2. This act shall take effect immediately and shall apply to all causes of action occurring on or after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04083-01-1
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.