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S3678Senate2019-2020 SessionSame asA6996

Protect Federal Workers' Homes

Official title

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

Sponsor Anna KaplanSD-7+1 co-sponsorAffects Legal
Status
In Senate Committee
Judiciary
Impact
5/10
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 by providing court-ordered relief.

Why it matters

  1. Ensures housing stability for federal workers. By requiring court approval for evictions and foreclosures during shutdowns, the bill helps protect the housing of federal employees whose income may be disrupted, reducing the risk of homelessness or forced moves.

  2. Provides flexibility and fairness in legal proceedings. Courts are empowered to pause (stay) or adjust rent and mortgage obligations if a federal worker’s ability to pay is “materially affected” by a government shutdown, which recognizes individual hardship and avoids one-size-fits-all solutions.

  3. Balances interests of landlords/lenders and tenants/borrowers. While offering protection to federal workers, the bill also allows courts to grant “equitable relief” to landlords or lenders, acknowledging the financial impact on property owners and aiming for fair outcomes for all parties involved.

  4. Clarifies scope and duration of protections. The law specifies who qualifies (New York resident federal workers) and defines the “covered period” as the shutdown plus thirty days, providing clear guidelines for courts, tenants, landlords, and lenders.

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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
Anna Kaplan

Senator · Senate District 7

Chair, Commerce, Economic Development And Small Business

1 Co-sponsor

History

  1. Referred to judiciary
  2. Print number 3678a
  3. Amend and recommit to judiciary
  4. 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.

A6996Assembly

Protect Federal Workers’ Homes

In Assembly Committee · Judiciary · Sponsor Michael DenDekker

Impact 6 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

3678--A

2019-2020 Regular Sessions

IN SENATE

February 12, 2019

Introduced by Sens. KAPLAN, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

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

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

[ ] is old law to be omitted.

LBD09795-02-9

S. 3678--A 2

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

§ 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.

Sponsor's memo

Title of bill

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

Purpose or general idea of bill

This legislation would prohibit the eviction or foreclosing of property occupied or owned by Federal workers during a Federal shutdown.

Summary of specific provisions

Section 1 amends section 11 of the real property actions and proceedings law by adding two new subdivisions 6 and 7. Subdivision 6 contains defi- nitions for federal worker and shutdown. Subdivision 7 contains defi- nitions for covered period and covered action. Section 2 states that except ordered by a court a landlord during a shutdown may not evict a federal worker. Further allows a stay in proceedings, or an ability to adjust the obligation to preserve the interests of all parties. Section 3 prohibits the foreclosure of property owned by a Federal worker during a governmental shutdown. Allows a court to stay the proceedings or adjust the obligation to preserve the interest of all parties.

Section 4 is the effective date.

Justification

Under the Presidency of Donald Trump, the specter of continued govern- mental shutdowns is real. This legislation seeks to ensure that govern- mental workers impacted by a shutdown can have confidence that the State of New York will ensure that they will not be evicted, or have their homes foreclosed on. This very basic protection will afford some piece of mind to these workers as they are impacted by not being paid during a shutdown.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.