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A6996Assembly2019-2020 SessionSame asS3678

Protect Federal Workers’ Homes

Official title

“Relates to evictions and foreclosures of federal employees during a federal government shutdown”

Sponsor Michael DenDekkerAD-34Affects Legal
Status
In Assembly Committee
Judiciary
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill protects New York federal workers from eviction and foreclosure during federal government shutdowns if their ability to pay is affected.

Why it matters

  1. Expands legal definitions. to clearly identify which federal workers and property obligations are protected, reducing ambiguity in legal proceedings and ensuring coverage only applies to those directly impacted by shutdowns.

  2. Empowers courts to intervene. in eviction and foreclosure cases, requiring them to temporarily halt (stay) proceedings or adjust payment obligations if a federal worker’s ability to pay is “materially affected” by a shutdown—offering direct relief tailored to the specific hardship caused by lost income.

  3. Creates a “covered period”. extending protections not just during the shutdown, but for 30 days after it ends, recognizing that financial recovery from missed paychecks often takes time and preventing immediate post-shutdown evictions or foreclosures.

  4. Ensures landlords and lenders can seek equitable relief. , allowing courts to balance the interests of property owners and lenders with those of affected federal workers, which may help prevent excessive financial harm to all parties involved.

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Who cares

Headline styles

Protect Federal Workers’ Homes

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

Sponsors

Primary sponsor
Michael DenDekker

Assembly Member · Assembly District 34

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

S3678Senate

Protect Federal Workers' Homes

In Senate Committee · Judiciary · Sponsor Anna Kaplan

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6996

2019-2020 Regular Sessions

IN ASSEMBLY

April 3, 2019

Introduced by M. of A. DenDEKKER -- read once and referred to the Committee on Judiciary

AN ACT to amend the real property actions and proceedings law, in relation to evictions and foreclosures of federal employees during a federal government shutdown

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

Section 1. Section 111 of the real property actions and proceedings law is amended by adding two new subdivisions 6 and 7 to read as follows:

6. As used in sections 768 and 1392 of this chapter, the term:

(a) "federal worker":

(i) means an employee of a federal government agency; and

(ii) is a resident of this state; and

(b) "shutdown" means any period in which there is more than a twentyfour hour lapse in appropriations for any federal government agency or federal department as a result of a failure of the federal government to enact a regular appropriations bill or continuing resolution.

7. As used in section 1392 of this chapter, the term:

(a) "covered period" means the period beginning on the date on which a shutdown begins and ending on the date that is thirty days after the date on which that shutdown ends; and

(b) "covered action" means an action relating to an obligation:

(i) with respect to real or personal property owned by a federal worker; and

(ii) that:

(A) originated before the date on which a shutdown begins;

(B) is in effect on the date on which a shutdown begins; and

(C) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

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

[ ] is old law to be omitted.

LBD09795-03-9

A. 6996 2

§ 2. The real property actions and proceedings law is amended by adding a new section 768 to read as follows:

§ 768. Evictions during federal government shutdown. 1. Except by the order of a court, a landlord may not, during a shutdown, evict a federal worker from premises that are occupied or intended to be occupied primarily as a residence.

2. (a) Upon an application for eviction with respect to premises that are occupied or intended to be occupied primarily as a residence, a court may, upon motion of the court, and shall, if a request is made by or on behalf of a federal worker, the ability of whom to pay the rent that is the subject of the action is materially affected by a shutdown:

(i) stay the proceedings for a period of thirty days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time; or

(ii) adjust the obligation under the lease to preserve the interests of all parties.

(b) If a court grants a stay pursuant to this section the court may grant to the landlord such relief as equity may require.

§ 3. The real property actions and proceedings law is amended by adding a new section 1392 to read as follows:

§ 1392. Foreclosures during government shutdown. 1. If a covered action is filed in a court during a covered period, the court may, after a hearing and upon the motion of the court, and shall, upon application by the federal worker if the ability of the federal worker to comply with the covered obligation is materially affected by a shutdown:

(a) stay the proceedings for a period of time as justice and equity require; or

(b) adjust the obligation to preserve the interests of all parties.

2. A sale, foreclosure, or seizure of property for a breach of an obligation described in paragraph (b) of subdivision seven of section one hundred eleven of this chapter by a federal worker shall not be valid if made during a covered period except upon the order of a court that is granted before such sale, foreclosure, or seizure.

§ 4. This act shall take effect immediately.

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.