Assembly Bill A7170

2017-2018 Legislative Session

Relates to certain holdover tenants

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

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2017-A7170 (ACTIVE) - Details

See Senate Version of this Bill:
S997
Current Committee:
Assembly Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §753, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3646, S2599
2011-2012: A164, S4079
2013-2014: A1097, S1887
2015-2016: A1049, S1375
2019-2020: A551

2017-A7170 (ACTIVE) - Summary

Relates to a stay of issuance of a warrant for eviction for certain holdover tenants.

2017-A7170 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7170
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced by M. of A. CAHILL -- read once and referred to the Committee
   on Housing
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to certain holdover tenants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The section heading and subdivision 1 of section 753 of the
 real  property  actions  and  proceedings  law,  the  section heading as
 amended by chapter 870 of the laws of 1982, subdivision 1 as amended  by
 chapter 305 of the laws of 1963, are amended to read as follows:
   Stay  where  tenant  holds  over  in  premises  occupied  for dwelling
 purposes [in city of New York].  1.  In  a  proceeding  to  recover  the
 possession  of  premises [in the city of New York] occupied for dwelling
 purposes, other than a room or rooms in  an  hotel,  lodging  house,  or
 rooming  house,  upon  the  ground that the occupant is holding over and
 continuing in possession of the premises after the expiration of his  OR
 HER term and without the permission of the landlord, or, in a case where
 a  new  lessee  is entitled to possession, without the permission of the
 new lessee, 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  six  months,  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 him
 OR HER and that he OR SHE made due and reasonable efforts to secure such
 other premises, or that by reason  of  other  facts  it  would  occasion
 extreme hardship to [him or his] THE APPLICANT OR THE APPLICANT'S family
 if  the  stay  were  not granted.   IN AN APPLICATION BROUGHT IN TOWN OR
 VILLAGE COURTS, THE TERM  "NEIGHBORHOOD"  SHALL  BE  CONSTRUED  TO  MEAN
 EITHER  THE  SAME TOWN OR VILLAGE WHERE THE APPLICANT NOW RESIDES, OR IF
 THE APPLICANT HAS SCHOOL AGED CHILDREN RESIDING WITH HIM OR HER, "NEIGH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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