What's happening
This bill allows courts to vacate eviction warrants at any time, not just before their execution, and updates related terminology.
Why it matters
Extends tenant protections by allowing courts to vacate eviction warrants at any time. , even after they’ve been executed, which could help tenants who resolve disputes or face wrongful evictions regain their homes.
Shifts the legal impact of eviction from the warrant’s issuance to its execution. , clarifying when the landlord-tenant relationship is officially terminated and potentially affecting tenants’ rights and obligations during the eviction process.
May alter the balance of power in eviction proceedings. , giving tenants a greater opportunity to present new evidence or address issues (like payment or procedural errors) after an eviction has already taken place.
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Who cares
Headline styles
Change When Evictions Finalize
Plain English, a few words. Used as the page title.
Sponsors
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.
Eviction Status Changes at Warrant
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3192
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. KRUEGER, HOYLMAN, MONTGOMERY, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
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.
Sponsor's memo
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 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.