Authorizes a stay in proceedings to recover possession of real property based upon non-payment, and authorizes payment of installments

BILL NUMBER:S2755

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

2013-14: S.5421 - Referred to judiciary

Fiscal implications for state and local governments

None.

Effective date

Immediately.