Bill Text: NY A09770 | 2019-2020 | General Assembly | Introduced

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Bill Title: Reduces the period of notice required to be given when a written demand for rent is served on a tenant after the tenant has defaulted in the payment of rent and the period of notice to be given serving a warrant issued pursuant to a final judgment of eviction from fourteen days to seven days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-11 - referred to housing [A09770 Detail]

Download: New_York-2019-A09770-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9770

                   IN ASSEMBLY

                                    February 11, 2020
                                       ___________

        Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
          Committee on Housing

        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to reducing the period of notice required to be given when a
          written demand for rent is served on a tenant  after  the  tenant  has
          defaulted  in the payment of rent and the period of notice to be given
          serving a warrant issued pursuant to a final judgment of eviction from
          fourteen days to seven days

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

     1    Section  1.  Subdivision 2 of section 711 of the real property actions
     2  and proceedings law, as amended by section 12 of part M of chapter 36 of
     3  the laws of 2019, is amended to read as follows:
     4    2. The tenant has defaulted in the payment of rent,  pursuant  to  the
     5  agreement under which the premises are held, and a written demand of the
     6  rent  has  been made with at least [fourteen] seven days' notice requir-
     7  ing, in the alternative, the payment of the rent, or the  possession  of
     8  the  premises,  has  been served upon him as prescribed in section seven
     9  hundred thirty-five of this article. Any person succeeding to the  land-
    10  lord's  interest  in the premises may proceed under this subdivision for
    11  rent due his predecessor in interest if he has a right thereto. Where  a
    12  tenant  dies during the term of the lease and rent due has not been paid
    13  and the apartment is occupied by a person with a claim to possession,  a
    14  proceeding  may be commenced naming the occupants of the apartment seek-
    15  ing a possessory judgment only as against the estate. Entry  of  such  a
    16  judgment  shall  be  without  prejudice  to the possessory claims of the
    17  occupants, and any warrant issued shall not be effective as against  the
    18  occupants.
    19    § 2. Paragraph (a) of subdivision 2 of section 749 of the real proper-
    20  ty  actions  and  proceedings law, as amended by section 19 of part M of
    21  chapter 36 of the laws of 2019, is amended to read as follows:
    22    (a) The officer to whom the warrant is directed  and  delivered  shall
    23  give  at  least  [fourteen]  seven  days'  notice, in writing and in the
    24  manner prescribed in this article for the service of a notice  of  peti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14878-01-0
        A. 9770                             2

     1  tion,  to  the person or persons to be evicted or dispossessed and shall
     2  execute the warrant on a business day between the hours of  sunrise  and
     3  sunset.
     4    § 3. This act shall take effect immediately and shall apply to actions
     5  and proceedings commenced on or after such effective date.