Bill Text: NY A06015 | 2009-2010 | General Assembly | Amended

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Bill Title: Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2010-06-14 - ordered to third reading rules cal.90 [A06015 Detail]

Download: New_York-2009-A06015-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6015--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 24, 2009
                                      ___________
       Introduced  by M. of A. GOTTFRIED, JACOBS, DINOWITZ, O'DONNELL -- Multi-
         Sponsored by -- M. of A.  BRENNAN,  CLARK,  GLICK,  HOOPER,  V. LOPEZ,
         MAYERSOHN,  McENENY,  SCARBOROUGH,  SCHIMEL,  WRIGHT  -- read once and
         referred to the Committee on Judiciary -- committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       AN ACT to amend the  real  property  actions  and  proceedings  law,  in
         relation  to  the  effect  of  issuance  and  execution of an eviction
         warrant
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 3 of section 749 of the real property actions
    2  and proceedings law, as amended by chapter 192 of the laws of  1975,  is
    3  amended to read as follows:
    4    3.    The [issuing] EXECUTION of a warrant for the removal of a tenant
    5  cancels the agreement under which the person removed held the  premises,
    6  and  annuls  the relation of landlord and tenant[, but nothing contained
    7  herein shall deprive the court of the power to vacate such  warrant  for
    8  good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI-
    9  SION  DOES  NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH WARRANT AT
   10  ANY TIME.  Petitioner may recover by action any sum of money  which  was
   11  payable  at  the  time when the special proceeding was commenced and the
   12  reasonable value of the use and occupation to the time when the  warrant
   13  was  [issued] EXECUTED, for any period of time with respect to which the
   14  agreement does not make any provision for payment of rent.
   15    S 2. This act shall take effect immediately and  shall  apply  to  all
   16  causes of action occurring on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00781-02-9