Bill Text: NY A01097 | 2023-2024 | 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 4-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A01097 Detail]

Download: New_York-2023-A01097-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1097

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by M. of A. BICHOTTE HERMELYN, SEAWRIGHT, EPSTEIN, RIVERA --
          read once and referred to the Committee 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, as amended by section 21 of
     3  part M of chapter 36 of the  laws  of  2019,  are  amended  to  read  as
     4  follows:
     5    Stay  in premises occupied for dwelling or commercial purposes. 1.  In
     6  a proceeding to recover the possession of premises occupied for dwelling
     7  or commercial purposes, other than a room or  rooms  in  [an]  a  hotel,
     8  lodging  house, or rooming house, the court, on application of the occu-
     9  pant, may stay the issuance of a warrant and also stay any execution  to
    10  collect  the  costs  of the proceeding for a period of not more than one
    11  year, if it appears that the premises are used for dwelling  or  commer-
    12  cial  purposes;  that  the  application  is made in good faith; that the
    13  applicant cannot within the neighborhood secure suitable premises  simi-
    14  lar  to  those occupied by the applicant and that the applicant made due
    15  and reasonable efforts to secure such other premises, or that by  reason
    16  of  other  facts  it would occasion extreme hardship to the applicant or
    17  the applicant's family if the stay  were  not  granted.  In  determining
    18  whether  refusal  to  grant  a stay would occasion extreme hardship, the
    19  court shall consider serious ill health, significant exacerbation of  an
    20  ongoing condition, a child's enrollment in a local school, and any other
    21  extenuating life circumstances affecting the ability of the applicant or
    22  the  applicant's  family  to relocate and maintain quality of life.  The

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01148-01-3
        A. 1097                             2

     1  court shall consider any substantial hardship the stay may impose on the
     2  landlord in determining whether to grant the  stay  or  in  setting  the
     3  length  or other terms of the stay.  In an application brought outside a
     4  city  of one million or more, the term "neighborhood" shall be construed
     5  to mean (i) the same town, village  or  city  where  the  applicant  now
     6  resides, or (ii) if the applicant has school aged children residing with
     7  him  or  her,  "neighborhood"  shall mean the school district where such
     8  children attend or are eligible to attend.
     9    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    10  have become a law.