Bill Text: NY A07508 | 2019-2020 | General Assembly | Introduced

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Bill Title: Extends to commercial tenants the right to seek a stay of the issuance of a warrant and a stay of any execution to collect the costs of the proceeding in a proceeding to recover the possession of premises in the city of New York.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A07508 Detail]

Download: New_York-2019-A07508-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7508
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 8, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Judiciary
        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to extending to commercial tenants the right to seek  a  stay
          of  the  issuance  of a warrant and a stay of any execution to collect
          the costs of the proceeding in a proceeding to recover the  possession
          of premises in the city of New York
          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 and subdivision 1 as amended
     4  by chapter 305 of the laws of 1963, are amended to read as follows:
     5    Stay where tenant holds over in  premises  occupied  for  dwelling  or
     6  commercial  purposes  in city of New York. 1. In a proceeding to recover
     7  the possession of premises in the city of New York occupied for dwelling
     8  or commercial purposes, other than a room or  rooms  in  [an]  a  hotel,
     9  lodging  house,  or  rooming house, upon the ground that the occupant is
    10  holding over and continuing in possession  of  the  premises  after  the
    11  expiration  of  his  or her term and without the permission of the land-
    12  lord, or, in a case where a new lessee is entitled to possession,  with-
    13  out  the  permission of the new lessee, the court, on application of the
    14  occupant, may stay the issuance of a warrant and also stay any execution
    15  to collect the costs of the proceeding for a period of not more than six
    16  months, if it appears that the premises are used for dwelling or commer-
    17  cial purposes; that the application is made  in  good  faith;  that  the
    18  applicant  cannot within the neighborhood secure suitable premises simi-
    19  lar to those occupied by him or her and that he  or  she  made  due  and
    20  reasonable  efforts  to secure such other premises, or that by reason of
    21  other facts it would occasion extreme hardship to him or her or  his  or
    22  her family or business if the stay were not granted.
    23    §  2.  This  act  shall take effect on the sixtieth day after it shall
    24  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11023-01-9