New York State Assembly

Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

---

A03857 Summary:

BILL NO	A03857
SAME AS	SAME AS S02872
SPONSOR	Gottfried
COSPNSR	Dinowitz, Jaffee, Weprin
MLTSPNSR	Brennan, Glick, Hooper, Perry, Schimel, Wright
Amd S749, RPAP L
Makes warrant execution (not issuance), following a judgment for the petitioner in summary proceeding to recover possession of real property, the act which cancels the agreement under which the person removed held the premises and annuls the landlord-tenant relationship; provides court not deprived of the power to vacate such warrant at any time (current law provides the court is not deprived of the power to vacate such warrant for good cause shown prior to warrant execution); provides petitioner may recover by action the reasonable value for the use and occupation to the time when the warrant was executed (rather than issued).

Go to top    

---

A03857 Actions:

BILL NO	A03857
01/27/2015	referred to judiciary
05/28/2015	reported
05/29/2015	advanced to third reading cal.485
01/06/2016	referred to judiciary
05/10/2016	reported
05/12/2016	advanced to third reading cal.586

Go to top

---

A03857 Committee Votes:

Go to top

---

A03857 Floor Votes:

Go to top

---

A03857 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3857
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2015
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, DINOWITZ, JAFFEE, WEPRIN -- Multi-
          Sponsored by -- M. of A.  BRENNAN, CLARK, GLICK, HOOPER, PERRY,  SCAR-
          BOROUGH, SCHIMEL, WRIGHT -- read once and referred to the Committee on
          Judiciary
 
        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 Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 3 of section 749 of the real  property  actions
     2  and  proceedings  law, as amended by chapter 192 of the laws of 1975, is
     3  amended to read as follows:
     4    3.  The [issuing] execution of a warrant for the removal of  a  tenant
     5  cancels  the agreement under which the person removed held the premises,
     6  and annuls the relation of landlord and tenant[, but  nothing  contained
     7  herein  shall  deprive the court of the power to vacate such warrant for
     8  good cause shown prior to the execution thereof]. However, this subdivi-
     9  sion does not deprive the court of the power to vacate such  warrant  at
    10  any  time.   Petitioner may recover by action any sum of money which was
    11  payable at the time when the special proceeding was  commenced  and  the
    12  reasonable  value of the use and occupation to the time when the warrant
    13  was [issued] executed, for any period of time with respect to which  the
    14  agreement does not make any provision for payment of rent.
    15    §  2.  This  act  shall take effect immediately and shall apply to all
    16  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.
                                                                   LBD02852-01-5

Go to top