Bill Text: NY A02803 | 2017-2018 | General Assembly | Introduced

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Bill Title: Expands the definition of "tenant" for the purposes of required notice during a mortgage foreclosure action.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Engrossed - Dead) 2018-04-25 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [A02803 Detail]

Download: New_York-2017-A02803-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2803
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
          tee on Judiciary
        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to the definition of "tenant" for purposes of mortgage  fore-
          closures
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 1 of section 1305 of the  real
     2  property  actions  and  proceedings  law, as added by chapter 507 of the
     3  laws of 2009, is amended to read as follows:
     4    (c) "Tenant" shall mean  any  person  who  [at  the  time  the  notice
     5  required  by  subdivision four of section thirteen hundred three of this
     6  article] appears as a lessee on a lease of one or more dwelling units of
     7  a residential real property that is subordinate to the mortgage on  such
     8  residential  real property; or who at such time is a party to an oral or
     9  implied rental agreement with the mortgagor and obligated to pay rent to
    10  the mortgagor or such mortgagor's representative, for the use  or  occu-
    11  pancy of one or more dwelling units of a residential real property.
    12    §  2. This act shall take effect on the first of January next succeed-
    13  ing the date on which it shall have become a law,  and  shall  apply  to
    14  actions commenced on or after such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08268-01-7