Bill Text: NY A04628 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires the court to hold a settlement conference prior to conducting any further proceedings in any pending residential eviction matter; provides for the repeal of such provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A04628 Detail]

Download: New_York-2021-A04628-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4628

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Judiciary

        AN ACT requiring the court to hold  a  settlement  conference  prior  to
          conducting any further proceedings in any pending residential eviction
          matter;  and  providing for the repeal of such provisions upon expira-
          tion thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Notwithstanding any provision of law to the contrary, prior
     2  to  conducting  any  further  proceedings  in  any  pending  residential
     3  eviction matter, the court must hold a settlement  conference  with  the
     4  petitioner  and  the  respondent to review the effects, if any, that the
     5  COVID-19 pandemic has had on either parties,  review  any  relief  under
     6  state  or  federal  law that either party may be eligible for, including
     7  the New York Tenant Safe Harbor Act (Chapter 127 of 2020), refer  either
     8  party to local civil legal service providers or housing counseling agen-
     9  cies,  assess  any  pending  and  anticipated motions, approved briefing
    10  schedules proposed by stipulation of the parties, determine whether  the
    11  parties  can reach a mutually agreeable resolution to avoid eviction and
    12  review any other issues the court deems relevant. To the greatest extent
    13  possible, the court shall schedule a settlement conference  prior  to  a
    14  trial  or hearing, provided however, this requirement shall apply in all
    15  matters at any stage of the eviction process, including any matter where
    16  a warrant of eviction has issued and been delivered  to  an  enforcement
    17  agent  but has not been executed.  The court shall establish the parame-
    18  ters of the conference to ensure it is conducted, either  in  person  or
    19  virtually,  in  a  manner  that  ensures  equitable participation of the
    20  parties and a good faith attempt at settlement. The chief administrative
    21  judge shall by  rule  adopt  procedures  to  implement  such  settlement
    22  conference.
    23    §  2.  This  act  shall  take  effect  immediately and shall be deemed
    24  repealed January 1, 2023.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07266-01-1
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