Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 18, 2010 |
referred to judiciary delivered to assembly passed senate ordered to third reading cal.1058 |
Jun 17, 2010 |
committee discharged and committed to rules |
Jun 07, 2010 |
referred to housing, construction and community development |
Senate Bill S8082
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S8082 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §1305, RPAP L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1520
2009-S8082 (ACTIVE) - Sponsor Memo
BILL NUMBER:S8082 TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to notice to tenants upon foreclosure of the leased residential real property PURPOSE: This bill fixes a technical problem that was identified in the definition of tenant in Chapter 507 of the Laws of 2009. SUMMARY OF PROVISIONS: Clarifies that the definition of tenant shall mean any person who appears as a lessee on a lease. JUSTIFICATION: One of the intentions of the sweeping foreclosure prevention legislation (Chapter 507 of the Laws of 2009) was to give tenants notice if the building they reside in is in foreclosure and gives tenants of residential property the right to remain in occupancy following a foreclosure for the greater of 90 days or their remaining lease term. However, the definition of "tenant" inadvertently omitted those tenants who became tenants subsequent to the commencement of foreclosure proceedings from the notice provisions of the law. Prior to the new notice requirements in RPAPL 1203(4), tenants were
2009-S8082 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8082 I N S E N A T E June 7, 2010 ___________ Introduced by Sen. KLEIN -- 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 notice to tenants upon foreclosure of the leased residen- tial real property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1 of section 1305 of the real property actions and proceedings law, as added by chapter 507 of the laws of 2009, is amended to read as follows: (c) "Tenant" shall mean any person who [at the time the notice required by subdivision four of section thirteen hundred three of this article] appears as a lessee on a lease of one or more dwelling units of a residential real property that is subordinate to the mortgage on such residential real property; or who [at such time] is a party to an oral or implied rental agreement with the mortgagor and obligated to pay rent to the mortgagor or such mortgagor's representative, for the use or occupancy of one or more dwelling units of a residential real property. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD17447-02-0
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