Bill Text: NY A02864 | 2013-2014 | General Assembly | Introduced


Bill Title: Permits the court to stay a warrant issued in favor of a successful petitioner in cases where the respondent has defaulted in the payment of rent for a period not to exceed three months from the date of the judgment and to condition the same upon payment of installments from time to time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A02864 Detail]

Download: New_York-2013-A02864-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2864
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 18, 2013
                                      ___________
       Introduced  by M. of A. CLARK -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the  real  property  actions  and  proceedings  law,  in
         relation  to  providing  for  a stay in certain proceedings to recover
         possession of real property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property actions and proceedings law is amended by
    2  adding a new section 754 to read as follows:
    3    S  754.  STAY  OF  PROCEEDING  OR  ACTION FOR RENT. IN A PROCEEDING TO
    4  RECOVER POSSESSION UPON THE GROUND THAT THE RESPONDENT HAS DEFAULTED  IN
    5  THE  PAYMENT OF RENT WHEN JUDGMENT IS RENDERED IN FAVOR OF THE PETITION-
    6  ER, THE COURT MAY STAY THE ISSUANCE OF THE WARRANT FOR GOOD CAUSE  SHOWN
    7  FOR  A  PERIOD  NOT TO EXCEED THREE MONTHS FROM THE DATE THE JUDGMENT IS
    8  ENTERED. THE COURT MAY ALSO CONDITION SUCH  STAY  UPON  THE  PAYMENT  OF
    9  INSTALLMENTS FROM TIME TO TIME AS THE COURT MAY DIRECT. ANY PROVISION OF
   10  A  LEASE  OR  OTHER  AGREEMENT  WHEREBY  A  LESSEE  OR TENANT WAIVES ANY
   11  PROVISION OF THIS SECTION SHALL BE DEEMED VOID AND AGAINST PUBLIC  POLI-
   12  CY.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06316-01-3
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