What's happening
This bill allows courts to vacate eviction warrants at any time, not just before they are executed.
Why it matters
Expands tenant protections. by allowing courts to vacate an eviction warrant even after it’s been executed, meaning tenants could potentially regain their homes if a warrant is found to be unjust or issued in error.
Increases judicial oversight. over the eviction process, ensuring that courts retain the authority to intervene in eviction cases at any stage, which could help address mistakes, due process concerns, or changed circumstances after eviction.
Shifts balance in landlord-tenant disputes. by providing tenants with a potential legal remedy after eviction, possibly leading to more negotiated settlements or reconsideration of harsh outcomes.
Could create new legal and logistical challenges. for landlords, as the finality of an executed eviction is less certain, potentially complicating the process of re-renting or renovating units.
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Who cares
Headline styles
Eviction Status Changes at Warrant
Plain English, a few words. Used as the page title.
Sponsors
4 Multi-sponsors
History
- Starred on calendar
- Ordered to third reading cal.328
- Advanced to third reading cal.416
- Reported
- 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.
Change When Evictions Finalize
In Senate Committee · Housing, Construction And Community Development · Sponsor Liz Krueger
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4335
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. GOTTFRIED, DINOWITZ, JAFFEE, WEPRIN, SEPULVEDA -- Multi-Sponsored by -- M. of A. CARROLL, GLICK, HOOPER, PERRY -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to the effect of issuance and execution of an eviction warrant
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 749 of the real property actions and proceedings law, as amended by chapter 192 of the laws of 1975, is amended to read as follows:
3. The [issuing] execution of a warrant for the removal of a tenant cancels the agreement under which the person removed held the premises, and annuls the relation of landlord and tenant[, but nothing contained herein shall deprive the court of the power to vacate such warrant for good cause shown prior to the execution thereof]. However, this subdivision does not deprive the court of the power to vacate such warrant at any time. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was [issued] executed, for any period of time with respect to which the agreement does not make any provision for payment of rent.
§ 2. This act shall take effect immediately and shall apply to all causes of action occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05960-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.