Bill Text: NY A01086 | 2025-2026 | General Assembly | Introduced
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 the real property actions and proceedings law.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2025-01-08 - referred to housing [A01086 Detail]
Download: New_York-2025-A01086-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1086 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. GLICK, ROSENTHAL, TAYLOR, EACHUS -- Multi-Spon- sored by -- M. of A. COLTON, DINOWITZ -- 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], the 10 respondent's relationship to petitioner with regard thereto and whether 11 the petitioner is 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 such 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. LBD03071-01-5A. 1086 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 the respondent's interest, 6 and the 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 such party; 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.
