Bill Text: NY S03678 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to evictions and foreclosures of federal employees during a federal government shutdown.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S03678 Detail]

Download: New_York-2019-S03678-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          3678
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  evictions and foreclosures of federal employees during a
          federal government shutdown
          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 two  new  subdivisions  6  and  7  to  read  as
     3  follows:
     4    6. As used in sections 768 and 1392 of this chapter, the term:
     5    (a) "federal worker":
     6    (i) means an employee of a federal government agency; and
     7    (ii) is a resident of this state; and
     8    (b)  "shutdown" means any period in which there is more than a twenty-
     9  four hour lapse in appropriations for any federal government  agency  or
    10  federal department as a result of a failure of the federal government to
    11  enact a regular appropriations bill or continuing resolution.
    12    7. As used in section 1392 of this chapter, the term:
    13    (a) "covered period" means the period beginning on the date on which a
    14  shutdown  begins  and  ending  on the date that is thirty days after the
    15  date on which that shutdown ends; and
    16    (b) "covered action" means an action relating to an obligation:
    17    (i) with respect to real or personal property owned by a federal work-
    18  er; and
    19    (ii) that:
    20    (A) originated before the date on which a shutdown begins;
    21    (B) is in effect on the date on which a shutdown begins; and
    22    (C) is secured by a mortgage, trust deed, or  other  security  in  the
    23  nature of a mortgage.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09795-01-9
        S. 3678                             2
     1    §  2.  The  real  property  actions  and proceedings law is amended by
     2  adding a new section 768 to read as follows:
     3    §  768. Evictions during federal government shutdown. 1. Except by the
     4  order of a court, a landlord may not, during a shutdown, evict a federal
     5  worker from premises that are occupied or intended to be occupied prima-
     6  rily as a residence.
     7    2. (a) Upon an application for eviction with respect to premises  that
     8  are  occupied  or  intended  to  be occupied primarily as a residence, a
     9  court may, upon motion of the court, and shall, if a request is made  by
    10  or  on  behalf  of a federal worker, the ability of whom to pay the rent
    11  that is the subject of the action is materially affected by a shutdown:
    12    (i) stay the proceedings for a period of thirty days, unless,  in  the
    13  opinion  of  the  court,  justice and equity require a longer or shorter
    14  period of time; or
    15    (ii) adjust the obligation under the lease to preserve  the  interests
    16  of all parties.
    17    (b)  If  a  court grants a stay pursuant to this section the court may
    18  grant to the landlord such relief as equity may require.
    19    3. A person who knowingly takes part in an eviction described in  this
    20  section,  or  that  knowingly  attempts  to  take  part  in  an eviction
    21  described in this section, shall be guilty of a misdemeanor.
    22    § 3. The real property actions  and  proceedings  law  is  amended  by
    23  adding a new section 1392 to read as follows:
    24    §  1392.  Foreclosures  during  government  shutdown.  1. If a covered
    25  action is filed in a court during a covered period, the court may, after
    26  a hearing and upon the motion of the court, and shall, upon  application
    27  by  the  federal  worker  if the ability of the federal worker to comply
    28  with the covered obligation is materially affected by a shutdown:
    29    (a) stay the proceedings for a period of time as  justice  and  equity
    30  require; or
    31    (b) adjust the obligation to preserve the interests of all parties.
    32    2.  A  sale,  foreclosure,  or  seizure of property for a breach of an
    33  obligation described in paragraph (b) of subdivision  seven  of  section
    34  one  hundred  eleven  of  this  chapter by a federal worker shall not be
    35  valid if made during a covered period except upon the order of  a  court
    36  that is granted before such sale, foreclosure, or seizure.
    37    3.  A person who knowingly makes or causes to be made a sale, foreclo-
    38  sure, or seizure of property that is prohibited under this  section,  or
    39  that knowingly attempts to make or cause to be made a sale, foreclosure,
    40  or  seizure  of property that is prohibited under this section, shall be
    41  guilty of a misdemeanor.
    42    § 4. This act shall take effect immediately.