Bill Text: NY S03678 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to evictions and foreclosures of federal employees during a federal government shutdown.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S03678 Detail]

Download: New_York-2019-S03678-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         3678--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 12, 2019
                                       ___________
        Introduced  by  Sens.  KAPLAN, PARKER -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Judiciary  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  evictions and foreclosures of federal employees during a
          federal government shutdown
          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 two  new  subdivisions  6  and  7  to  read  as
     3  follows:
     4    6. As used in sections 768 and 1392 of this chapter, the term:
     5    (a) "federal worker":
     6    (i) means an employee of a federal government agency; and
     7    (ii) is a resident of this state; and
     8    (b)  "shutdown" means any period in which there is more than a twenty-
     9  four hour lapse in appropriations for any federal government  agency  or
    10  federal department as a result of a failure of the federal government to
    11  enact a regular appropriations bill or continuing resolution.
    12    7. As used in section 1392 of this chapter, the term:
    13    (a) "covered period" means the period beginning on the date on which a
    14  shutdown  begins  and  ending  on the date that is thirty days after the
    15  date on which that shutdown ends; and
    16    (b) "covered action" means an action relating to an obligation:
    17    (i) with respect to real or personal property owned by a federal work-
    18  er; and
    19    (ii) that:
    20    (A) originated before the date on which a shutdown begins;
    21    (B) is in effect on the date on which a shutdown begins; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09795-02-9

        S. 3678--A                          2
     1    (C) is secured by a mortgage, trust deed, or  other  security  in  the
     2  nature of a mortgage.
     3    §  2.  The  real  property  actions  and proceedings law is amended by
     4  adding a new section 768 to read as follows:
     5    § 768. Evictions during federal government shutdown. 1. Except by  the
     6  order of a court, a landlord may not, during a shutdown, evict a federal
     7  worker from premises that are occupied or intended to be occupied prima-
     8  rily as a residence.
     9    2.  (a) Upon an application for eviction with respect to premises that
    10  are occupied or intended to be occupied  primarily  as  a  residence,  a
    11  court  may, upon motion of the court, and shall, if a request is made by
    12  or on behalf of a federal worker, the ability of whom to  pay  the  rent
    13  that is the subject of the action is materially affected by a shutdown:
    14    (i)  stay  the proceedings for a period of thirty days, unless, in the
    15  opinion of the court, justice and equity require  a  longer  or  shorter
    16  period of time; or
    17    (ii)  adjust  the obligation under the lease to preserve the interests
    18  of all parties.
    19    (b) If a court grants a stay pursuant to this section  the  court  may
    20  grant to the landlord such relief as equity may require.
    21    §  3.  The  real  property  actions  and proceedings law is amended by
    22  adding a new section 1392 to read as follows:
    23    § 1392. Foreclosures during  government  shutdown.  1.  If  a  covered
    24  action is filed in a court during a covered period, the court may, after
    25  a  hearing and upon the motion of the court, and shall, upon application
    26  by the federal worker if the ability of the  federal  worker  to  comply
    27  with the covered obligation is materially affected by a shutdown:
    28    (a)  stay  the  proceedings for a period of time as justice and equity
    29  require; or
    30    (b) adjust the obligation to preserve the interests of all parties.
    31    2. A sale, foreclosure, or seizure of property  for  a  breach  of  an
    32  obligation  described  in  paragraph (b) of subdivision seven of section
    33  one hundred eleven of this chapter by a  federal  worker  shall  not  be
    34  valid  if  made during a covered period except upon the order of a court
    35  that is granted before such sale, foreclosure, or seizure.
    36    § 4. This act shall take effect immediately.
feedback