S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5892
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  ENGLEBRIGHT, ROSENTHAL, GOTTFRIED --
   Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ,  DINOWITZ,  HOOPER,
   ORTIZ, PERRY -- read once and referred to the Committee on Housing
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to establishing protection for senior citizens against unwar-
   ranted eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  111 of the real property actions and proceedings
 law is amended by adding a new subdivision 6 to read as follows:
   6. AS USED IN THIS CHAPTER, THE TERM "SENIOR CITIZEN" MEANS  A  PERSON
 WHO  IS  SIXTY-TWO  YEARS OF AGE OR OLDER OR A PERSON WHO RESIDES WITH A
 SPOUSE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
   § 2. Subdivision 2 of section 741 of the  real  property  actions  and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
   2.  State  the respondent's interest in the premises [and], his OR HER
 relationship to petitioner with regard thereto AND WHETHER HE OR SHE  IS
 A SENIOR CITIZEN.
   §  3.  Article  7  of the real property actions and proceedings law is
 amended by adding a new section 768 to read as follows:
   § 768. DEFAULT EVICTION AGAINST SENIOR CITIZEN. 1. IN ANY CIVIL ACTION
 OR PROCEEDING FOR EVICTION FROM ANY PREMISES OCCUPIED CHIEFLY FOR DWELL-
 ING PURPOSES, IF THERE SHALL BE  A  DEFAULT  OF  AN  APPEARANCE  BY  THE
 RESPONDENT, THE PETITIONER, WITHIN TWENTY DAYS BEFORE THE ENTRY OF JUDG-
 MENT  OR  FINAL ORDER SHALL FILE IN THE COURT AN AFFIDAVIT SETTING FORTH
 FACTS SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN.
   2. IF UNABLE TO FILE SUCH AFFIDAVIT THE PETITIONER SHALL IN LIEU THER-
 EOF FILE AN AFFIDAVIT SETTING FORTH EITHER  THAT  THE  RESPONDENT  IS  A
 SENIOR  CITIZEN  OR THAT THE PETITIONER IS NOT ABLE TO DETERMINE WHETHER
 OR NOT RESPONDENT IS A SENIOR CITIZEN. IF  AN  AFFIDAVIT  IS  NOT  FILED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09779-01-7

 A. 5892                             2
 
 SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN NO JUDGMENT OR FINAL
 ORDER  SHALL  BE  ENTERED  WITHOUT  FIRST SECURING AN ORDER OF THE COURT
 DIRECTING SUCH ENTRY AND NO SUCH ORDER SHALL BE MADE IF  THE  RESPONDENT
 IS A SENIOR CITIZEN UNTIL AFTER THE COURT SHALL HAVE APPOINTED AN ATTOR-
 NEY TO REPRESENT THE RESPONDENT AND PROTECT HIS OR HER INTEREST, AND THE
 COURT SHALL, ON APPLICATION MAKE SUCH APPOINTMENT.
   3.  UNLESS IT APPEARS THAT THE RESPONDENT IS NOT A SENIOR CITIZEN, THE
 COURT MAY ENTER SUCH JUDGMENT AS IN ITS  OPINION  MAY  BE  NECESSARY  TO
 PROTECT THE RIGHTS OF THE RESPONDENT UNDER THIS PROVISION.
   4.  ANY  PERSON WHO SHALL MAKE OR USE AN AFFIDAVIT REQUIRED UNDER THIS
 SECTION KNOWING IT TO BE FALSE OR WHO SHALL KNOWINGLY TAKE PART  IN  ANY
 EVICTION  OF  A  SENIOR  CITIZEN  OTHERWISE THAN AS PROVIDED FOR IN THIS
 SECTION OR ATTEMPTS TO DO SO SHALL BE GUILTY OF A MISDEMEANOR AND  SHALL
 BE PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE NOT TO
 EXCEED TEN THOUSAND DOLLARS OR BOTH.
   5.  IN  ANY  SUCH  ACTION OR PROCEEDING IN WHICH A SENIOR CITIZEN IS A
 PARTY, IF SUCH PARTY DOES  NOT  PERSONALLY  APPEAR  THEREIN  OR  IS  NOT
 REPRESENTED  BY AN AUTHORIZED ATTORNEY THE COURT MAY APPOINT AN ATTORNEY
 TO REPRESENT HIM OR HER; AND IN SUCH A CASE AN  ORDER  MAY  BE  MADE  TO
 PROTECT THE RIGHTS OF SUCH PERSON.
   6.  IN ANY SUCH PROCEEDING, THE COURT MAY IN ITS DISCRETION ON ITS OWN
 MOTION STAY THE PROCEEDINGS FOR NOT LONGER THAN THREE MONTHS OR MAY MAKE
 SUCH OTHER ORDERS AS MAY BE JUST.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.