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S3598Senate2017-2018 Session

Delay Evictions, Allow Installments

Official title

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

Sponsor Kevin S. ParkerSD-21Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill allows courts to delay eviction for up to three months for tenants behind on rent, under certain conditions.

Why it matters

  1. Gives judges flexibility. Courts would have explicit authority to delay an eviction for up to three months if they determine there is “good cause,” which could protect tenants facing sudden financial hardship and reduce the risk of homelessness.

  2. Promotes payment plans. The bill allows courts to require tenants to pay overdue rent in installments during the stay, offering a structured way for tenants to catch up on payments while still providing landlords with a path to recover what they are owed.

  3. Protects tenant rights. Any lease clause that tries to waive a tenant’s right to this possible eviction delay would be automatically void, ensuring tenants can’t be forced to give up this protection—even in “take it or leave it” rental agreements.

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Who cares

Headline styles

Delay Evictions, Allow Installments

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. Referred to housing, construction and community development

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3598

2017-2018 Regular Sessions

IN SENATE

January 25, 2017

Introduced by Sen. PARKER -- 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 providing for a stay in certain proceedings to recover possession of real property

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The real property actions and proceedings law is amended by adding a new section 754 to read as follows:

§ 754. Stay of proceeding or action for rent. In a proceeding to recover possession upon the ground that the respondent has defaulted in the payment of rent when judgment is rendered in favor of the petitioner, 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 as the court may direct. Any provision of a lease or other agreement whereby a lessee or tenant waives any provision of this section shall be deemed void and against public policy.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07367-01-7

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 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. Any 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

2015-16: S.2755/A.9986 - Referred to Housing, Construction and Community Development 2013-14: S.5421/A.2864 - Referred to Housing, Construction and Community Development

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.