What's happening
This bill allows tenants to appeal judgments or orders against them without having to pay any portion of the judgment first.
Why it matters
Removes a significant financial barrier for tenants. facing eviction or other adverse judgments, making it easier for them to challenge court decisions without needing up-front payment, which can be prohibitive for low-income individuals.
Levels the playing field in housing court. , as landlords typically have more resources to navigate appeals; this amendment could result in more balanced legal proceedings and potentially more tenant victories or settlements.
May increase the number of appeals filed by tenants. , leading to longer resolution times for eviction and rent disputes, which could affect both tenant stability and landlord cash flow.
Could incentivize landlords to seek settlements or alternative dispute resolution. , knowing tenants have a more accessible path to appeal and delay enforcement of judgments.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Tenants appealing judgments or orders
The bill would let them defer paying money under the judgment or order until the stay triggered by the specified appeal-related service ends.
Landlords
They would have to wait until that stay ends to receive money tenants would otherwise be required to pay under the judgment or order.
Attorneys representing tenants and landlords
They would need to account for the payment deferral in appeals involving judgments and orders issued on or after the bill’s effective date.
Headline styles
Let Tenants Appeal Without Payment
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1051
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to allowing tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5519 of the civil practice law and rules is amended by adding a new subdivision (h) to read as follows:
(h) Appeals of judgments or orders by tenants. Notwithstanding any provision of law to the contrary, if a tenant serves upon a landlord a notice of appeal or an affidavit of intention to move for permission to appeal a judgment or order or pay an undertaking under paragraph two or six of subdivision (a) of this section, such tenant shall not be required to pay any portion of money under such judgment or order until the end of the stay triggered by such service.
§ 2. This act shall take effect immediately and shall apply to judgments and orders issued on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03208-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to allow- ing tenants to appeal judgments or orders issued against them without first being required to pay any portion of such judgment or order
Purpose
To allow tenants to appeal judgements against them without first paying all or a portion of the judgement
Summary of specific provisions
Section 1 establishes the ability for tenants to appeal judgements against them without paying all or a portion of the judgement.
Section 2 establishes the effective date of the bill.
Justification
If tenants have a judgement against them, they are currently required to pay at least a portion of the judgement or undertaking to be able to appeal that judgement. This is fundamentally unfair and a denial to the appealing party of their right to justice via the court system. A person should not have their constitutional rights denied because they cannot pay.
In Texas, a Dallas County judge recently found a similar rule requiring tenants to pay rent before appealing an eviction ruling to be unconsti- tutional. In New York, we should similarly ensure access to the courts for all.
Legislative history
2023-2024 - S.4391 (May) / A.5944 (Epstein)
Fiscal implications
None
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.