Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 23, 2020 |
referred to judiciary |
Senate Bill S8115
2019-2020 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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) 27th Senate District
(D, IP, WF) Senate District
(D, WF) Senate District
(D) Senate District
2019-S8115 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10167
- Current Committee:
- Senate Judiciary
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §111, add §§768-a & 1393, RPAP L
2019-S8115 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8115 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to evictions and foreclosures during a state disaster emergency PURPOSE OR GENERAL IDEA OF BILL: This legislation would establish a moratorium on evictions and foreclo- sures during a state disaster emergency. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill defines the terms "state disaster emergency", "covered period", and "covered action" for the purposes of the bill. Section 2 of the bill prohibits landlords from evicting tenants during a state disaster emergency without a court order, and gives the court the ability to stay eviction proceedings or adjust lease obligations if a
2019-S8115 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8115 I N S E N A T E March 23, 2020 ___________ Introduced by Sens. HOYLMAN, KAVANAGH -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property actions and proceedings law, in relation to evictions and foreclosures during a state disaster emer- gency 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 two new subdivisions 6 and 7 to read as follows: 6. AS USED IN SECTIONS 768-A AND 1393 OF THIS CHAPTER, THE TERM "STATE DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS IN SECTION TWENTY OF THE EXECUTIVE LAW. 7. AS USED IN SECTION 1393 OF THIS CHAPTER, THE TERM: (A) "COVERED PERIOD" MEANS THE PERIOD BEGINNING ON THE DATE ON WHICH A STATE DISASTER EMERGENCY BEGINS AND ENDING ON THE DATE THAT IS THIRTY DAYS AFTER THE DATE ON WHICH THAT STATE DISASTER EMERGENCY ENDS; AND (B) "COVERED ACTION" MEANS AN ACTION RELATING TO AN OBLIGATION: (I) WITH RESPECT TO REAL OR PERSONAL PROPERTY OWNED BY A MORTGAGOR; AND (II) THAT: (A) ORIGINATED BEFORE THE DATE ON WHICH A STATE DISASTER EMERGENCY BEGINS; (B) IS IN EFFECT ON THE DATE ON WHICH A STATE DISASTER EMERGENCY BEGINS; AND (C) IS SECURED BY A MORTGAGE, TRUST DEED, OR OTHER SECURITY IN THE NATURE OF A MORTGAGE. § 2. The real property actions and proceedings law is amended by adding a new section 768-a to read as follows: § 768-A. EVICTIONS DURING STATE DISASTER EMERGENCY. 1. EXCEPT BY THE ORDER OF A COURT, A LANDLORD MAY NOT, DURING A STATE DISASTER EMERGENCY, EVICT A TENANT FROM PREMISES THAT ARE OCCUPIED OR INTENDED TO BE OCCU- PIED PRIMARILY AS A RESIDENCE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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