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History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
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.
Makes warrant execution, not issuance, following judgment for petitioner in summary proceeding to recover possession of real property act which annuls relationship
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S904
Title of bill
An act to amend the real property actions and proceedings law, in relation to the effect of issuance and execution of an eviction warrant
Purpose or general idea of bill
To provide tenants with a fair opportunity to satisfy judgments or contest a default before being evicted.
Summary of provisions
Amends Subdivision 3 of Section 749 of the Real Property Actions and proceedings Law to designate the execution of the warrant rather that its issuance as the act that cancels the tenancy agreement. Also gives the court discretion to vacate a warrant.
Justification
Tenants who have defaulted in answering a dispossess - e.g., because they were out of town or ill when it was served often face an uphill battle in having the defaulting judgment and warrant vacated. Often their success or failure hinges solely upon the whims of the particular judge before whom they appear or upon whether they have an attorney who can prepare good motion papers and strenuously argue their case. The poor, the illiterate and the elderly often fall prey to the draconian effects of the statute since they are least knowledgeable concerning the law and being ill-equipped to articulately show that there is good cause to vacate the warrant. New York City Housing Authority v.Torres, 61 AD. 2d 681 (1978). By amending the statute to clearly confer upon the court jurisdiction in all cases until a warrant is executed, the bill would prevent many unnecessary evictions and hardships suffered by any tenants. Judges would still have the discretion as to whether to vacate the warrant on any particular case. Most important, tenants would have an opportunity to have their day in court in which they could explain why they should not be evicted - rather than be told by judges that the court has lost all jurisdiction be cause the court had issued a warrant of eviction.
Fiscal implications
None.
Effective date
This act shall take effect immediately, and shall apply to all causes of action on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.