Bill Text: NY A09952 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the exemption of a lease valued at $150,000 or less, held and occupied by the judgment debtor or family for a rent stabilized regulated unit from the satisfaction of a money judgment for bankruptcy proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-26 - referred to judiciary [A09952 Detail]

Download: New_York-2011-A09952-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9952
                                 I N  A S S E M B L Y
                                    April 26, 2012
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to provid-
         ing for the exemption of rent  regulated  apartment  leases  from  the
         satisfaction of a money judgment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs 8 and 9 of subdivision (a) of  section  5205  of
    2  the civil practice law and rules, paragraph 8 as amended by chapter 1 of
    3  the  laws of 2011 and paragraph 9 as added by chapter 568 of the laws of
    4  2010, are amended to read as follows:
    5    8. one motor vehicle not exceeding  four  thousand  dollars  in  value
    6  above  liens  and  encumbrances  of the debtor; if such vehicle has been
    7  equipped for use by a disabled debtor,  then  ten  thousand  dollars  in
    8  value  above  liens  and  encumbrances of the debtor; provided, however,
    9  that this exemption for one motor vehicle shall not apply  if  the  debt
   10  enforced  is for child support, spousal support, maintenance, alimony or
   11  equitable distribution, or if the state of New York or any of its  agen-
   12  cies or any municipal corporation is the judgment creditor; [and]
   13    9.  A LEASE NOT EXCEEDING ONE HUNDRED FIFTY THOUSAND DOLLARS IN VALUE,
   14  HELD AND OCCUPIED BY THE JUDGMENT DEBTOR OR FAMILY FOR A RENT  REGULATED
   15  UNIT,  REGULATED  UNDER  THE  RENT STABILIZATION LAW OF NINETEEN HUNDRED
   16  SIXTY-NINE,  THE   EMERGENCY   TENANT   PROTECTION   ACT   OF   NINETEEN
   17  SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LIMITED-PROFIT
   18  HOUSING COMPANIES ACT OR THE CITY RENT AND REHABILITATION LAW; AND
   19    10. if no homestead exemption is claimed, then one thousand dollars in
   20  personal property, bank account or cash.
   21    S  2.  This  act  shall take effect immediately and shall apply to the
   22  satisfaction of judgments on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14993-04-2