Bill Text: NY S05357 | 2019-2020 | General Assembly | Introduced

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Bill Title: Expands the definition of "tenant" for the purposes of required notice during a mortgage foreclosure action.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-12-23 - approval memo.57 [S05357 Detail]

Download: New_York-2019-S05357-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5357
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 29, 2019
                                       ___________
        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development
        AN  ACT  to  amend  the  real  property  actions and proceedings law, in
          relation to the definition of "tenant" for purposes of mortgage  fore-
          closures
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (c) of subdivision 1 of section 1305 of the  real
     2  property  actions  and  proceedings  law, as added by chapter 507 of the
     3  laws of 2009, is amended to read as follows:
     4    (c) "Tenant" shall mean  any  person  who  [at  the  time  the  notice
     5  required  by  subdivision four of section thirteen hundred three of this
     6  article] appears as a lessee on a lease of one or more dwelling units of
     7  a residential real property that is subordinate to the mortgage on  such
     8  residential  real property; or who at such time is a party to an oral or
     9  implied rental agreement with the mortgagor and obligated to pay rent to
    10  the mortgagor or such mortgagor's representative, for the use  or  occu-
    11  pancy of one or more dwelling units of a residential real property.
    12    §  2. This act shall take effect on the first of January next succeed-
    13  ing the date on which it shall have become a law,  and  shall  apply  to
    14  actions commenced on or after such date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05591-01-9