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 Assem-bly, do enact as follows:
1 Section 1. Section 111 of the real property actions and proceedings
2 law is amended by adding two new subdivisions 6 and 7 to read as
3 follows:
4 6. As used in sections 768 and 1392 of this chapter, the term:
5 (a) "federal worker":
6 (i) means an employee of a federal government agency; and
7 (ii) is a resident of this state; and
8 (b) "shutdown" means any period in which there is more than a twenty-
9 four hour lapse in appropriations for any federal government agency or
10 federal department as a result of a failure of the federal government to
11 enact a regular appropriations bill or continuing resolution.
12 7. As used in section 1392 of this chapter, the term:
13 (a) "covered period" means the period beginning on the date on which a
14 shutdown begins and ending on the date that is thirty days after the
15 date on which that shutdown ends; and
16 (b) "covered action" means an action relating to an obligation:
17 (i) with respect to real or personal property owned by a federal work-
18 er; and
19 (ii) that:
20 (A) originated before the date on which a shutdown begins;
21 (B) is in effect on the date on which a shutdown begins; and
22 (C) is secured by a mortgage, trust deed, or other security in the
23 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
1 § 2. The real property actions and proceedings law is amended by
2 adding a new section 768 to read as follows:
3 § 768. Evictions during federal government shutdown. 1. Except by the
4 order of a court, a landlord may not, during a shutdown, evict a federal
5 worker from premises that are occupied or intended to be occupied prima-
6 rily as a residence.
7 2. (a) Upon an application for eviction with respect to premises that
8 are occupied or intended to be occupied primarily as a residence, a
9 court may, upon motion of the court, and shall, if a request is made by
10 or on behalf of a federal worker, the ability of whom to pay the rent
11 that is the subject of the action is materially affected by a shutdown:
12 (i) stay the proceedings for a period of thirty days, unless, in the
13 opinion of the court, justice and equity require a longer or shorter
14 period of time; or
15 (ii) adjust the obligation under the lease to preserve the interests
16 of all parties.
17 (b) If a court grants a stay pursuant to this section the court may
18 grant to the landlord such relief as equity may require.
19 § 3. The real property actions and proceedings law is amended by
20 adding a new section 1392 to read as follows:
21 § 1392. Foreclosures during government shutdown. 1. If a covered
22 action is filed in a court during a covered period, the court may, after
23 a hearing and upon the motion of the court, and shall, upon application
24 by the federal worker if the ability of the federal worker to comply
25 with the covered obligation is materially affected by a shutdown:
26 (a) stay the proceedings for a period of time as justice and equity
27 require; or
28 (b) adjust the obligation to preserve the interests of all parties.
29 2. A sale, foreclosure, or seizure of property for a breach of an
30 obligation described in paragraph (b) of subdivision seven of section
31 one hundred eleven of this chapter by a federal worker shall not be
32 valid if made during a covered period except upon the order of a court
33 that is granted before such sale, foreclosure, or seizure.
34 § 4. This act shall take effect immediately.
