Bill Text: NY S03846 | 2009-2010 | General Assembly | Amended

---

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 5-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03846 Detail]

Download: New_York-2009-S03846-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3846--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     April 2, 2009
                                      ___________
       Introduced by Sens. KRUEGER, DUANE, HUNTLEY, MONSERRATE, ONORATO -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Judiciary -- committee discharged, bill amended,  ordered
         reprinted as amended and recommitted to said committee
       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.
                                                                  LBD00781-03-9