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).

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S3169-2013 Actions

• Jan 31, 2013: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S3169-2013 Memo

BILL NUMBER:S3169

TITLE  OF  BILL:    An  act  to  amend  the  real property actions and
proceedings law, in relation to the effect of issuance  and  execution
of an eviction warrant

PURPOSE  OR  GENERAL  IDEA  OF  BILL:   To provide tenants with a fair
opportunity to satisfy judgments or contest  a  default  before  being
evicted.

SUMMARY  OF  PROVISIONS:    Amends Subdivision 3 of Section 749 of the
Real Property Actions and proceedings Law to designate  the  execution
of  the  warrant  rather that its issuance as the act that cancels the
tenancy agreement.  Also  gives  the  court  discretion  to  vacate  a
warrant.

JUSTIFICATION:  Tenants who have defaulted in answering a dispossess -
e.g.,  because  they  were out of town or ill when it was served often
face an uphill battle in having the defaulting  judgment  and  warrant
vacated.  Often  their success or failure hinges solely upon the whims
of the particular judge before whom they appear or upon  whether  they
have  an  attorney  who can prepare good motion papers and strenuously
argue their case. The poor, the illiterate and the elderly often  fall
prey  to  the  draconian  effects  of the statute since they are least
knowledgeable  concerning  the   law   and   being   ill-equipped   to
articulately  show that there is good cause to vacate the warrant. New
York City Housing  Authority  v.Torres,  61  AD.  2d  681  (1978).  By
amending  the statute to clearly confer upon the court jurisdiction in
all cases until a warrant is executed, the  bill  would  prevent  many
unnecessary  evictions  and  hardships suffered by any tenants. Judges
would still have the discretion as to whether to vacate the warrant on
any particular case. Most important, tenants would have an opportunity
to have their day in court in which they could explain why they should
not be evicted - rather than be told by judges that the court has lost
all jurisdiction be cause the court had issued a warrant of eviction.

FISCAL IMPLICATIONS: None

EFFECTIVE DATE:  This act shall take  effect  immediately,  and  shall
apply to all causes of action on or after such date.

S3169-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3169

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 31, 2013
                                 ___________

  Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
    printed to be committed to the Committee on Housing, Construction  and
    Community Development

  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:


    Section 1. Subdivision 3 of section 749 of the real  property  actions
  and  proceedings  law, as amended by chapter 192 of the laws of 1975, is
  amended to read as follows:

    3.  The [issuing] EXECUTION of a warrant for the removal of  a  tenant
  cancels  the agreement under which the person removed held the premises,
  and annuls the relation of landlord and tenant[, but  nothing  contained
  herein  shall  deprive the court of the power to vacate such warrant for
  good cause shown prior to the execution thereof]. HOWEVER, THIS SUBDIVI-
  SION DOES NOT DEPRIVE THE COURT OF THE POWER TO VACATE SUCH  WARRANT  AT
  ANY  TIME.   Petitioner may recover by action any sum of money which was
  payable at the time when the special proceeding was  commenced  and  the
  reasonable  value of the use and occupation to the time when the warrant
  was [issued] EXECUTED, for any period of time with respect to which  the
  agreement does not make any provision for payment of rent.
    S  2.  This  act  shall take effect immediately and shall apply to all
  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.
                                                             LBD01253-01-3