What's happening
This bill expands tenant protections by redefining "neighborhood" for holdover tenants to include school districts for families with school-aged children.
Why it matters
Expands the definition of "neighborhood" for tenant relocation. By allowing "neighborhood" to mean the relevant school district for families with school-aged children, the bill recognizes that access to the same schools is a crucial aspect of community stability for these families.
Could reduce disruptions for children in holdover tenant situations. Families facing eviction may be more likely to keep their children in the same schools, minimizing educational and social upheaval during already stressful moves.
May strengthen a tenant's case for extended stays. Courts will have clearer grounds to grant longer stays for families who cannot find suitable housing in the same town, village, or—if children are involved—the same school district, thus potentially giving tenants more leverage to seek stable housing solutions.
Reflects a broader understanding of "community" in housing law. The amendment recognizes that for many families, school districts define their sense of place and community ties, not just municipal boundaries, which may influence future tenant protection policies.
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Who cares
Headline styles
Expand Holdover Tenant Protections
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Reported referred to rules
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- Referred to housing
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.
Expand Tenant Eviction Protections
In Senate Committee · Rules · Sponsor John J. Bonacic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7170
2017-2018 Regular Sessions
IN ASSEMBLY
April 12, 2017
Introduced by M. of A. CAHILL -- read once and referred to the Committee on Housing
AN ACT to amend the real property actions and proceedings law, in relation to certain holdover tenants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The section heading and subdivision 1 of section 753 of the real property actions and proceedings law, the section heading as amended by chapter 870 of the laws of 1982, subdivision 1 as amended by chapter 305 of the laws of 1963, are amended to read as follows:
Stay where tenant holds over in premises occupied for dwelling purposes [in city of New York]. 1. In a proceeding to recover the possession of premises [in the city of New York] occupied for dwelling purposes, other than a room or rooms in an hotel, lodging house, or rooming house, upon the ground that the occupant is holding over and continuing in possession of the premises after the expiration of his or her term and without the permission of the landlord, or, in a case where a new lessee is entitled to possession, without the permission of the new lessee, the court, on application of the occupant, may stay the issuance of a warrant and also stay any execution to collect the costs of the proceeding for a period of not more than six months, if it appears that the premises are used for dwelling purposes; that the application is made in good faith; that the applicant cannot within the neighborhood secure suitable premises similar to those occupied by him or her and that he or she made due and reasonable efforts to secure such other premises, or that by reason of other facts it would occasion extreme hardship to [him or his] the applicant or the applicant's family if the stay were not granted. In an application brought in town or village courts, the term "neighborhood" shall be construed to mean either the same town or village where the applicant now resides, or if the applicant has school aged children residing with him or her, "neigh-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01319-01-7
A. 7170 2
borhood" shall mean the school district where such children attend or are eligible to attend.
§ 2. This act shall take effect immediately and shall apply to any proceeding to recover real property filed with any court of competent jurisdiction on and after such effective date.
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.