NY State Senate Bill 2019-S8788

Senate Bill S8788

2019-2020 Legislative Session

Suspends proceedings to recover real property statewide until after January 20, 2021; stays the execution of warrants of eviction or judgments of possession until after January 20, 2021

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2020	print number 8788b
Aug 21, 2020	amend and recommit to rules
Jul 20, 2020	print number 8788a
Jul 20, 2020	amend and recommit to rules
Jul 16, 2020	referred to rules

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2019-S8788 - Details

Current Committee:: Senate Rules
Law Section:: Real Property

2019-S8788 - Summary

Suspends proceedings to recover real property statewide until after January 20, 2021; stays the execution of warrants of eviction or judgments of possession until after January 20, 2021.

2019-S8788 - Sponsor Memo

                                
 
BILL NUMBER: S8788

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to mitigate the continuing threat to public health arising from
COVID-19 by ensuring that New Yorkers are not rendered homeless,
evicted, or dispossessed of their housing

 
PURPOSE:

To enact a moratorium on evictions and eviction proceedings until after
September 20, 2020.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 mandates that no eviction proceedings shall be commenced, nor
shall such pending proceedings proceed, until after September 20, 2020,
and that no action shall be taken on any pending warrant of eviction

until after September 20, 2020.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic is both a public health and an economic crisis.
It has touched the lives of every New Yorker, and shut down many of the
drivers of economic activity. Countless residents, through no fault of
their own, now find themselves struggling to pay for basic necessities
like food and shelter. Until the threat of infection subsides to a
greater extent than it has, the state must continue to restrict many
activities that pose an unacceptable risk of spreading infection. As an
essential part of this effort, it is necessary to ensure that New York-
ers are not rendered homeless, evicted, or dispossessed of their housing
or summoned before a court to defend their right to continued occupancy
of their home.

By suspending all activities related to eviction proceedings, and keep-
ing pending warrants of eviction from being executed until after Septem-
ber 20, this legislation will keep residents from becoming homeless or
being forced to find a new residence while the COVID-19 pandemic still
ravages the country. It will also prevent people from being exposed to
the inherent health threat that would be imposed by requiring them to
both mount a defense for and appear at court proceedings, especially to
the extent such proceedings might be conducted in the crowded, cramped
spaces that make up many of our courts that hear eviction proceedings.

 
LEGISLATIVE HISTORY:  New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8788 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8788
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced by Sens. KAVANAGH, HOYLMAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN  ACT  to mitigate the continuing threat to public health arising from
   COVID-19 by ensuring that  New  Yorkers  are  not  rendered  homeless,
   evicted, or dispossessed of their housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  finds  that  as  an
 essential  part of the state's efforts to mitigate the continuing threat
 to public health arising from the widespread outbreak of the coronavirus
 commonly known as COVID-19, it is necessary to ensure that  New  Yorkers
 are  not rendered homeless, evicted, or dispossessed of their housing or
 summoned before a court to defend their right to continued occupancy  of
 their housing.
   § 2. Notwithstanding any other provision of law to the contrary:
   1. No court shall accept any applications for eviction proceedings, or
 issue a warrant of eviction or judgment of possession against a residen-
 tial  tenant or other lawful residential occupant on or before September
 20, 2020. All eviction proceedings against residential tenants or  other
 lawful  residential  occupants  shall be suspended statewide until after
 September 20, 2020.
   2. No sheriff or marshal shall execute a warrant of eviction or  judg-
 ment of possession against a residential tenant or other lawful residen-
 tial occupant on or before September 20, 2020. Any court that has issued
 a  warrant  of  eviction or judgment of possession against a residential
 tenant or other lawful residential occupant shall stay the execution  of
 such warrant of eviction or judgment of possession until after September
 20, 2020.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16972-01-0

co-Sponsors

View additional co-sponsors

2019-S8788A - Details

Current Committee:: Senate Rules
Law Section:: Real Property

2019-S8788A - Summary

Suspends proceedings to recover real property statewide until after January 20, 2021; stays the execution of warrants of eviction or judgments of possession until after January 20, 2021.

2019-S8788A - Sponsor Memo

                                
 
BILL NUMBER: S8788a

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to mitigate the continuing threat to public health arising from
COVID-19 by ensuring that New Yorkers are not rendered homeless,
evicted, or dispossessed of their housing

 
PURPOSE:

To enact a moratorium on after September 20, 2020.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 mandates that no eviction proceedings shall be commenced, nor
shall such pending proceedings proceed, until after September 20, 2020,
and that no action shall be taken on any pending warrant of eviction
until after September 20, 2020.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic is both a public health and an economic crisis.
It has touched the lives of every New Yorker, and shut down many of the
drivers of economic activity. Countless residents, through no fault of
their own, now find themselves struggling to pay for basic necessities
like food and shelter. Until the threat of infection subsides to a
greater extent than it has, the state must continue to restrict many
activities that pose an unacceptable risk of spreading infection. As an
essential part of this effort, it is necessary to ensure that New York-
ers are not rendered homeless, evicted, or dispossessed of their housing
or summoned before a court to defend their right to continued occupancy
of their home.

By suspending all activities related to eviction proceedings, and keep-
ing pending warrants of eviction from being executed until after Septem-
ber 20, this legislation will keep residents from becoming homeless or
being forced to find a new residence while the COVID-19 pandemic still
ravages the country. It will also prevent people from being exposed to
the inherent health threat that would be imposed by requiring them to
both mount a defense for and appear at court proceedings, especially to
the extent such proceedings might be conducted in the crowded, cramped
spaces that make up many of our courts that hear eviction proceedings.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8788A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8788--A
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced  by  Sens. KAVANAGH, HOYLMAN, KRUEGER, MONTGOMERY, SEPULVEDA,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the  Committee  on  Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT  to mitigate the continuing threat to public health arising from
   COVID-19 by ensuring that  New  Yorkers  are  not  rendered  homeless,
   evicted, or dispossessed of their housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  finds  that  as  an
 essential  part of the state's efforts to mitigate the continuing threat
 to public health arising from the widespread outbreak of the coronavirus
 commonly known as COVID-19, it is necessary to ensure that  New  Yorkers
 are  not rendered homeless, evicted, or dispossessed of their housing or
 summoned before a court to defend their right to continued occupancy  of
 their housing.
   § 2. Notwithstanding any other provision of law to the contrary:
   1.  No  court  shall  accept  any  petitions in summary proceedings to
 recover real property or other complaints in  actions  to  recover  real
 property  from  a  residential tenant, or issue a warrant of eviction or
 judgment of possession against a  residential  tenant  or  other  lawful
 residential  occupant  on  or  before  September  20, 2020. All eviction
 proceedings against residential  tenants  or  other  lawful  residential
 occupants shall be suspended statewide until after September 20, 2020.
   2.  No sheriff or marshal shall execute a warrant of eviction or judg-
 ment of possession against a residential tenant or other lawful residen-
 tial occupant on or before September 20, 2020. Any court that has issued
 a warrant of eviction or judgment of possession  against  a  residential
 tenant  or other lawful residential occupant shall stay the execution of
 such warrant of eviction or judgment of possession until after September
 20, 2020.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16972-02-0

co-Sponsors

View additional co-sponsors

2019-S8788B (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property

2019-S8788B (ACTIVE) - Summary

Suspends proceedings to recover real property statewide until after January 20, 2021; stays the execution of warrants of eviction or judgments of possession until after January 20, 2021.

2019-S8788B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8788B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to mitigate the continuing threat to public health arising from
COVID-19 by ensuring that New Yorkers are not rendered homeless,
evicted, or dispossessed of their housing

 
PURPOSE:

To enact a moratorium on evictions and eviction proceedings until after
January 20, 2021.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth legislative findings.

Section 2 mandates that no eviction proceedings shall be commenced, nor
shall such pending proceedings proceed, until after January 20, 2021,
and that no action shall be taken on any pending warrant of eviction

until after January 20, 2021.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

The COVID-19 pandemic is both a public health and an economic crisis.
It has touched the lives of every New Yorker, and shut down many of the
drivers of economic activity. Countless residents, through no fault of
their own, now find themselves struggling to pay for basic necessities
like food and shelter. Until the threat of infection subsides to a
greater extent than it has, the state must continue to restrict many
activities that pose an unacceptable risk of spreading infection. As an
essential part of this effort, it is necessary to ensure that New York-
ers are not rendered homeless, evicted, or dispossessed of their housing
or summoned before a court to defend their right to continued occupancy
of their home.

By suspending all activities related to eviction proceedings, and keep-
ing pending warrants of eviction from being executed until after January
20, 2021, this legislation will keep residents from becoming homeless or
being forced to find a new residence while the COVID-19 pandemic still
ravages the country. It will also prevent people from being exposed to
the inherent health threat that would be imposed by requiring them to
both mount a defense for and appear at court proceedings, especially to
the extent such proceedings might be conducted in the crowded, cramped
spaces that make up many of our courts that hear eviction proceedings.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8788B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8788--B
 
                             I N  S E N A T E
 
                               July 16, 2020
                                ___________
 
 Introduced  by  Sens.  KAVANAGH,  HOYLMAN,  BENJAMIN,  BIAGGI,  BRESLIN,
   BROOKS, CARLUCCI, GOUNARDES, JACKSON, KRUEGER, LIU, MAY, MAYER,  MONT-
   GOMERY,  MYRIE,  PARKER,  RAMOS,  RIVERA, SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, STAVISKY, THOMAS -- read twice and ordered printed, and  when
   printed  to  be  committed  to  the  Committee  on  Rules -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to mitigate the continuing threat to public health arising from
   COVID-19 by ensuring that  New  Yorkers  are  not  rendered  homeless,
   evicted, or dispossessed of their housing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  finds  that  as  an
 essential  part of the state's efforts to mitigate the continuing threat
 to public health arising from the widespread outbreak of the coronavirus
 commonly known as COVID-19, it is necessary to ensure that  New  Yorkers
 are  not rendered homeless, evicted, or dispossessed of their housing or
 summoned before a court to defend their right to continued occupancy  of
 their housing.
   § 2. Notwithstanding any other provision of law to the contrary:
   1.  No  court  shall  accept  any  petitions in summary proceedings to
 recover real property or other complaints in  actions  to  recover  real
 property  from  a  residential tenant, or issue a warrant of eviction or
 judgment of possession against a  residential  tenant  or  other  lawful
 residential  occupant  on  or  before  January  20,  2021.  All eviction
 proceedings against residential  tenants  or  other  lawful  residential
 occupants shall be suspended statewide until after January 20, 2021.
   2.  No sheriff or marshal shall execute a warrant of eviction or judg-
 ment of possession against a residential tenant or other lawful residen-
 tial occupant on or before January 20, 2021. Any court that has issued a
 warrant of eviction or judgment  of  possession  against  a  residential
 tenant  or other lawful residential occupant shall stay the execution of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16972-05-0

 S. 8788--B                          2
 
 such warrant of eviction or judgment of possession until  after  January
 20, 2021.
   § 3. This act shall take effect immediately.

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Senate Bill S8788

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2019-S8788 - Details

2019-S8788 - Summary

2019-S8788 - Sponsor Memo

2019-S8788 - Bill Text download pdf

co-Sponsors

2019-S8788A - Details

2019-S8788A - Summary

2019-S8788A - Sponsor Memo

2019-S8788A - Bill Text download pdf

co-Sponsors

2019-S8788B (ACTIVE) - Details

2019-S8788B (ACTIVE) - Summary

2019-S8788B (ACTIVE) - Sponsor Memo

2019-S8788B (ACTIVE) - Bill Text download pdf

Comments