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Sponsors
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History
- Signed chap.256
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.212
- Substituted for A1132
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 59–2
- Advanced to third reading
- 2nd report cal.
- 1st report cal.168
Show 2 earlier actions
- Reported and committed to codes
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Excludes non-business days from the calculation of the notice period prior to eviction
Assembly Floor Calendar · Sponsor Jeffrey Dinowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the real property actions and proceedings law, in relation to excluding certain days from notice period required prior to eviction
Purpose or general idea of bill
This bill would give tenants who are being evicted or disposed a better chance to protest the eviction by not counting the days when they cannot take legal action.
Summary of specific provisions
This bill excludes Saturdays, Sundays and public holidays from the 72 hour notice period required in eviction proceedings.
Effects of present law which this bill would alter
Amends subdivision two of Section 749 of the Real Property Actions and Proceedings Law, as amended by Chapter 750 of the Laws of 1966.
Justification
Currently an officer executing a warrant of eviction need only give a tenant 72 hours notice before removing a tenant from possession of his premises. This notice is short enough when dealing with the exercise of this drastic remedy, but it is especially a problem when an eviction notice is served on a Friday for the following Monday. Often, due to "sewer service" the eviction warrant is the first time a tenant learns there is a proceeding against him. If he has a defense, he should have the full 72 hours of business days to obtain legal counsel, obtain a court stay, etc.
Prior legislative history
New Bill.
Fiscal implications for state and local governments
None.
Effective date
This act shall take effect on the thirtieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.