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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.
Authorizes a stay in proceedings to recover possession of real property based upon non-payment, and authorizes payment of installments
In Assembly Committee · Judiciary · Sponsor Barbara Clark
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5421
Title of bill
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
Purpose or general idea of bill
This bill would provide a mechanism whereby the court may, when justified, allow a payment schedule in a non-payment case.
Summary of specific provisions
In a proceeding to recover possession upon the ground that the respondent has defaulted in rent payment when judgment is rendered in petitioner's favor, the court may stay the issuance of the warrant for good cause shown for a period not to exceed three months from the date the judgment is entered. The court may also condition such stay upon the payment of installments from time to time. Amy provision in a lease or other agreement in which a lessee or tenant waives any of the bill's provisions shall be deemed void and against public policy.
Justification
In some non-payment cases there is a need to allow a limited period of time in which the mandatory, periodic payments toward rental arrears must be made. The court currently may only allow five days for the payment of all arrears. Situations in which this bill's provisions would be beneficial include:
1. A case in which a tenant must pay rent for a second time because the first payment was made to an unauthorized person; and
2. A case in which a tenant in transition from Public Assistance to employment must wait for the first paycheck.
Prior legislative history
1/3/96 - A.182 referred to Assembly Judiciary Committee 1/7/98 - referred to Assembly Judiciary Committee 6/7/00 - A.5503 held in Assembly Judiciary 1/9/02 - A.2759 referred to Assembly Judiciary 1/7/04 - A.6871 referred to Assembly Judiciary 1/4/06 - A.1788 referred to Assembly Judiciary Committee 6/6/06 - A.1788 held for consideration in Assembly Judiciary Committee 1/3/07 - A.147 referred to Assembly Judiciary 1/9/08 - A.147 referred to Assembly Judiciary 2/6/09 - A.4753 referred to Assembly Judiciary 1/6/10 - A.4753 referred to Assembly Judiciary 01/19/11 - A.2508 referred to judiciary 01/04/12 - A.2508 referred to judiciary
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.