Bill Text: NY A05778 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes protection for senior citizens against unwarranted eviction; requires plaintiff/landlord to file an affidavit determining whether or not the respondent is a senior citizen and sets forth guidelines and procedures for a default eviction against a senior citizen, including representation of counsel; defines senior citizen as persons aged 62 or over for purposes of real property actions and proceedings law.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2022-01-05 - referred to housing [A05778 Detail]

Download: New_York-2021-A05778-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5778

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 24, 2021
                                       ___________

        Introduced  by  M.  of A. GLICK, ENGLEBRIGHT, L. ROSENTHAL, GOTTFRIED --
          Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, DINOWITZ, PERRY  --
          read once and referred to the Committee on Housing

        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to establishing protection for senior citizens against unwar-
          ranted eviction

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  111 of the real property actions and proceedings
     2  law is amended by adding a new subdivision 6 to read as follows:
     3    6. As used in this chapter, the term "senior citizen" means  a  person
     4  who  is  sixty-two  years of age or older or a person who resides with a
     5  spouse who is sixty-two years of age or older.
     6    § 2. Subdivision 2 of section 741 of the  real  property  actions  and
     7  proceedings law, as added by chapter 312 of the laws of 1962, is amended
     8  to read as follows:
     9    2.  State  the respondent's interest in the premises [and], his or her
    10  relationship to petitioner with regard thereto and whether he or she  is
    11  a senior citizen.
    12    §  3.  Article  7  of the real property actions and proceedings law is
    13  amended by adding a new section 768-a to read as follows:
    14    § 768-a. Default eviction against senior  citizen.  1.  In  any  civil
    15  action or proceeding for eviction from any premises occupied chiefly for
    16  dwelling  purposes,  if there shall be a default of an appearance by the
    17  respondent, the petitioner, within twenty days before the entry of judg-
    18  ment or final order shall file in the court an affidavit  setting  forth
    19  facts showing that the respondent is not a senior citizen.
    20    2. If unable to file such affidavit the petitioner shall in lieu ther-
    21  eof  file  an  affidavit  setting  forth either that the respondent is a
    22  senior citizen or that the petitioner is not able to  determine  whether
    23  or  not  respondent  is  a  senior citizen. If an affidavit is not filed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07665-01-1
        A. 5778                             2

     1  showing that the respondent is not a senior citizen no judgment or final
     2  order shall be entered without first securing  an  order  of  the  court
     3  directing  such  entry and no such order shall be made if the respondent
     4  is a senior citizen until after the court shall have appointed an attor-
     5  ney to represent the respondent and protect his or her interest, and the
     6  court shall, on application make such appointment.
     7    3.  Unless it appears that the respondent is not a senior citizen, the
     8  court may enter such judgment as in its  opinion  may  be  necessary  to
     9  protect the rights of the respondent under this provision.
    10    4.  Any  person who shall make or use an affidavit required under this
    11  section knowing it to be false or who shall knowingly take part  in  any
    12  eviction  of  a  senior  citizen  otherwise than as provided for in this
    13  section or attempts to do so shall be guilty of a misdemeanor and  shall
    14  be punishable by imprisonment not to exceed one year or by a fine not to
    15  exceed ten thousand dollars or both.
    16    5.  In  any  such  action or proceeding in which a senior citizen is a
    17  party, if such party does  not  personally  appear  therein  or  is  not
    18  represented  by an authorized attorney the court may appoint an attorney
    19  to represent him or her; and in such a case an  order  may  be  made  to
    20  protect the rights of such person.
    21    6.  In any such proceeding, the court may in its discretion on its own
    22  motion stay the proceedings for not longer than three months or may make
    23  such other orders as may be just.
    24    § 4. This act shall take effect on the first of November next succeed-
    25  ing the date on which it shall have become a law.