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).
STATE OF NEW YORK
________________________________________________________________________
4335
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. GOTTFRIED, DINOWITZ, JAFFEE, WEPRIN, SEPULVEDA --
Multi-Sponsored by -- M. of A. CARROLL, GLICK, HOOPER, PERRY -- 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.
LBD05960-01-7
