Bill Text: NY A02562 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the real property actions and proceedings law, in relation to establishing protection for senior citizens against unwarranted eviction

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2010-01-06 - referred to housing [A02562 Detail]

Download: New_York-2009-A02562-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2562
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2009
                                      ___________
       Introduced  by  M. of A. GLICK, V. LOPEZ, EDDINGTON, GIANARIS, JACOBS --
         Multi-Sponsored by  --  M.  of  A.  ABBATE,  BRENNAN,  CLARK,  COLTON,
         CYMBROWITZ,  DIAZ, DINOWITZ, HOOPER, ORTIZ, PERRY, PHEFFER, WEISENBERG
         -- 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:
    1    Section 1. Section 111 of the real property  actions  and  proceedings
    2  law is amended by adding a new subdivision 6 to read as follows:
    3    6.  AS  USED IN THIS CHAPTER, THE TERM "SENIOR CITIZEN" MEANS A PERSON
    4  WHO IS SIXTY-TWO YEARS OF AGE OR OLDER OR A PERSON WHO  RESIDES  WITH  A
    5  SPOUSE WHO IS SIXTY-TWO YEARS OF AGE OR OLDER.
    6    S  2.  Subdivision  2  of section 741 of the real property actions and
    7  proceedings law, as added by chapter 312 of the laws of 1962, is amended
    8  to read as follows:
    9    2. State the respondent's interest in the premises [and], his  OR  HER
   10  relationship  to petitioner with regard thereto AND WHETHER HE OR SHE IS
   11  A SENIOR CITIZEN.
   12    S 3. Article 7 of the real property actions  and  proceedings  law  is
   13  amended by adding a new section 768 to read as follows:
   14    S 768. DEFAULT EVICTION AGAINST SENIOR CITIZEN. 1. IN ANY CIVIL ACTION
   15  OR PROCEEDING FOR EVICTION FROM ANY PREMISES OCCUPIED CHIEFLY FOR DWELL-
   16  ING  PURPOSES,  IF  THERE  SHALL  BE  A  DEFAULT OF AN APPEARANCE BY THE
   17  RESPONDENT, THE PETITIONER, WITHIN TWENTY DAYS BEFORE THE ENTRY OF JUDG-
   18  MENT OR FINAL ORDER SHALL FILE IN THE COURT AN AFFIDAVIT  SETTING  FORTH
   19  FACTS SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN.
   20    2. IF UNABLE TO FILE SUCH AFFIDAVIT THE PETITIONER SHALL IN LIEU THER-
   21  EOF  FILE  AN  AFFIDAVIT  SETTING  FORTH EITHER THAT THE RESPONDENT IS A
   22  SENIOR CITIZEN OR THAT THE PETITIONER IS NOT ABLE TO  DETERMINE  WHETHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04524-01-9
       A. 2562                             2
    1  OR  NOT  RESPONDENT  IS  A  SENIOR CITIZEN. IF AN AFFIDAVIT IS NOT FILED
    2  SHOWING THAT THE RESPONDENT IS NOT A SENIOR CITIZEN NO JUDGMENT OR FINAL
    3  ORDER SHALL BE ENTERED WITHOUT FIRST SECURING  AN  ORDER  OF  THE  COURT
    4  DIRECTING  SUCH  ENTRY AND NO SUCH ORDER SHALL BE MADE IF THE RESPONDENT
    5  IS A SENIOR CITIZEN UNTIL AFTER THE COURT SHALL HAVE APPOINTED AN ATTOR-
    6  NEY TO REPRESENT THE RESPONDENT AND PROTECT HIS OR HER INTEREST, AND THE
    7  COURT SHALL, ON APPLICATION MAKE SUCH APPOINTMENT.
    8    3. UNLESS IT APPEARS THAT THE RESPONDENT IS NOT A SENIOR CITIZEN,  THE
    9  COURT  MAY  ENTER  SUCH  JUDGMENT  AS IN ITS OPINION MAY BE NECESSARY TO
   10  PROTECT THE RIGHTS OF THE RESPONDENT UNDER THIS PROVISION.
   11    4. ANY PERSON WHO SHALL MAKE OR USE AN AFFIDAVIT REQUIRED  UNDER  THIS
   12  SECTION  KNOWING  IT TO BE FALSE OR WHO SHALL KNOWINGLY TAKE PART IN ANY
   13  EVICTION OF A SENIOR CITIZEN OTHERWISE THAN  AS  PROVIDED  FOR  IN  THIS
   14  SECTION  OR ATTEMPTS TO DO SO SHALL BE GUILTY OF A MISDEMEANOR AND SHALL
   15  BE PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR OR BY A FINE NOT TO
   16  EXCEED TEN THOUSAND DOLLARS OR BOTH.
   17    5. IN ANY SUCH ACTION OR PROCEEDING IN WHICH A  SENIOR  CITIZEN  IS  A
   18  PARTY,  IF  SUCH  PARTY  DOES  NOT  PERSONALLY  APPEAR THEREIN OR IS NOT
   19  REPRESENTED BY AN AUTHORIZED ATTORNEY THE COURT MAY APPOINT AN  ATTORNEY
   20  TO  REPRESENT  HIM  OR  HER;  AND IN SUCH A CASE AN ORDER MAY BE MADE TO
   21  PROTECT THE RIGHTS OF SUCH PERSON.
   22    6. IN ANY SUCH PROCEEDING, THE COURT MAY IN ITS DISCRETION ON ITS  OWN
   23  MOTION STAY THE PROCEEDINGS FOR NOT LONGER THAN THREE MONTHS OR MAY MAKE
   24  SUCH OTHER ORDERS AS MAY BE JUST.
   25    S 4. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.