Senate Bill S4391

2023-2024 Legislative Session

Allows tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order

download bill text pdf

Sponsored By

Current 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

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2023-S4391 (ACTIVE) - Details

See Assembly Version of this Bill:
A5944
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5519, CPLR

2023-S4391 (ACTIVE) - Summary

Allows tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order; postpones such payment until the end of the stay triggered by service upon the landlord of the notice of appeal or affidavit of intention to move for permission to appeal such judgment or order or pay an undertaking.

2023-S4391 (ACTIVE) - Sponsor Memo

2023-S4391 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4391
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  allow-
   ing  tenants to appeal judgments or orders issued against them without
   first being required to pay any portion of such judgment or order

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 5519 of the civil practice law and rules is amended
 by adding a new subdivision (h) to read as follows:
   (H)  APPEALS  OF  JUDGMENTS  OR ORDERS BY TENANTS. NOTWITHSTANDING ANY
 PROVISION OF LAW TO THE CONTRARY, IF A TENANT SERVES UPON A  LANDLORD  A
 NOTICE  OF APPEAL OR AN AFFIDAVIT OF INTENTION TO MOVE FOR PERMISSION TO
 APPEAL A JUDGMENT OR ORDER OR PAY AN UNDERTAKING UNDER PARAGRAPH TWO  OR
 SIX  OF  SUBDIVISION  (A)  OF  THIS  SECTION,  SUCH  TENANT SHALL NOT BE
 REQUIRED TO PAY ANY PORTION OF MONEY UNDER SUCH JUDGMENT OR ORDER  UNTIL
 THE END OF THE STAY TRIGGERED BY SUCH SERVICE.
   §  2.  This act shall take effect immediately and shall apply to judg-
 ments and orders issued on or after such date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06845-01-3

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