Assembly Bill A5892

2017-2018 Legislative Session

Establishes protection for senior citizens against unwarranted eviction

download bill text pdf

Sponsored By

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

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2017-A5892 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§111 & 741, add §768, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2562
2011-2012: A2946
2013-2014: A3951
2015-2016: A3736
2019-2020: A1095
2021-2022: A5778
2023-2024: A3823

2017-A5892 (ACTIVE) - Summary

Establishes protection for senior citizens against unwarranted eviction; requires plaintiff/landlord to file an affidavit determining whether or not the respondent is a senior citizen and sets forth guidelines and procedures for a default eviction against a senior citizen, including representation of counsel; defines senior citizen as persons aged 62 or over for purposes of real property actions and proceedings law.

2017-A5892 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5892
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GLICK,  ENGLEBRIGHT, ROSENTHAL, GOTTFRIED --
   Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ,  DINOWITZ,  HOOPER,
   ORTIZ, PERRY -- read once and referred to the Committee on Housing
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to establishing protection for senior citizens against unwar-
   ranted eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  111 of the real property actions and proceedings
 law is amended by adding a new subdivision 6 to read as follows:
   6. AS USED IN THIS CHAPTER, THE TERM "SENIOR CITIZEN" MEANS  A  PERSON
 WHO  IS  SIXTY-TWO  YEARS OF AGE OR OLDER OR A PERSON WHO RESIDES WITH A
 SPOUSE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
   § 2. Subdivision 2 of section 741 of the  real  property  actions  and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
   2.  State  the respondent's interest in the premises [and], his OR HER
 relationship to petitioner with regard thereto AND WHETHER HE OR SHE  IS
 A SENIOR CITIZEN.
   §  3.  Article  7  of the real property actions and proceedings law is
 amended by adding a new section 768 to read as follows:
   § 768. DEFAULT EVICTION AGAINST SENIOR CITIZEN. 1. IN ANY CIVIL ACTION
 OR PROCEEDING FOR EVICTION FROM ANY PREMISES OCCUPIED CHIEFLY FOR DWELL-
 ING PURPOSES, IF THERE SHALL BE  A  DEFAULT  OF  AN  APPEARANCE  BY  THE
 RESPONDENT, THE PETITIONER, WITHIN TWENTY DAYS BEFORE THE ENTRY OF JUDG-
 MENT  OR  FINAL ORDER SHALL FILE IN THE COURT AN AFFIDAVIT SETTING FORTH
 FACTS SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN.
   2. IF UNABLE TO FILE SUCH AFFIDAVIT THE PETITIONER SHALL IN LIEU THER-
 EOF FILE AN AFFIDAVIT SETTING FORTH EITHER  THAT  THE  RESPONDENT  IS  A
 SENIOR  CITIZEN  OR THAT THE PETITIONER IS NOT ABLE TO DETERMINE WHETHER
 OR NOT RESPONDENT IS A SENIOR CITIZEN. IF  AN  AFFIDAVIT  IS  NOT  FILED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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