Bill Text: NY A00551 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A00551 Detail]

Download: New_York-2019-A00551-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           551
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by M. of A. CAHILL, MOSLEY, BARRON -- 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:
     1    Section 1. The section heading and subdivision 1 of section 753 of the
     2  real property actions  and  proceedings  law,  the  section  heading  as
     3  amended  by chapter 870 of the laws of 1982, subdivision 1 as amended by
     4  chapter 305 of the laws of 1963, are amended to read as follows:
     5    Stay where  tenant  holds  over  in  premises  occupied  for  dwelling
     6  purposes  [in  city  of  New  York].  1.  In a proceeding to recover the
     7  possession of premises [in the city of New York] occupied  for  dwelling
     8  purposes,  other  than  a  room  or rooms in an hotel, lodging house, or
     9  rooming house, upon the ground that the occupant  is  holding  over  and
    10  continuing  in possession of the premises after the expiration of his or
    11  her term and without the permission of the landlord, or, in a case where
    12  a new lessee is entitled to possession, without the  permission  of  the
    13  new  lessee,  the  court,  on  application of the occupant, may stay the
    14  issuance of a warrant and also stay any execution to collect  the  costs
    15  of  the  proceeding  for  a  period  of  not more than six months, if it
    16  appears that the premises are  used  for  dwelling  purposes;  that  the
    17  application  is made in good faith; that the applicant cannot within the
    18  neighborhood secure suitable premises similar to those occupied  by  him
    19  or her and that he or she made due and reasonable efforts to secure such
    20  other  premises,  or  that  by  reason  of other facts it would occasion
    21  extreme hardship to [him or his] the applicant or the applicant's family
    22  if the stay were not granted.   In an application  brought  in  town  or
    23  village  courts,  the  term  "neighborhood"  shall  be construed to mean
    24  either the same town or village where the applicant now resides,  or  if
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03116-01-9
        A. 551                              2
     1  the applicant has school aged children residing with him or her, "neigh-
     2  borhood"  shall  mean  the school district where such children attend or
     3  are eligible to attend.
     4    §  2.  This  act  shall take effect immediately and shall apply to any
     5  proceeding to recover real property filed with any  court  of  competent
     6  jurisdiction on and after such effective date.