Bill Text: NY S05421 | 2013-2014 | General Assembly | Introduced

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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 HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05421 Detail]

Download: New_York-2013-S05421-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5421
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       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