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NYC Maximum Six-Month Stay - Start Date?
Anonymous4 views1 answers
A NYC judge can give maximum of 6 months to the tenant to move, according to
http://www.courts.state.ny.us/courts/nyc/housing/staysafterjudg_holdover.shtml#maxstay
My question is: Is it from the commencement of the case, or the date the decision is made (trial date)?
The city's website is not clear, and I found below from two lawyers' websites but they are contradictory.
See below:
1. "A Judge has the power to award a Tenant up to six months to stay in the apartment, from the date of the commencement of the proceeding."
http://danielgershburg.com/2011/10/04/how-long-does-an-eviction-in-new-york-city-take/
2. "The Court may then give you an extension, but not beyond six months from the time your case was decided."
http://www.mcadamslaw.net/tenantrightsreport.html
Dear Brooklyn Tenant:
The tenant must make the request for the stay allowed by New York Real Property Actions and Proceedings Law Section 753 (1), when the court determines the underlying entitlement of the landlord to a judgment for possession in a residential holdover proceeding. See: http://codes.lp.findlaw.com/nycode/RPA/7/753
The statute is complex, the stay is rarely ever made for the maximum of the discretionary stay at the time the Court determines the terms and conditions for the stay (in order to leave some extra time in case the tenant could not locate a new home within the period first provided [for example: the court may provide two months initially or three for the tenant to move out, and so, should the tenant return to court before the stay runs out with a need for some more time, the Court may then extend the initial stay for one or two more months ] as long as the entire potential six month period is not consumed).
The key to the tenant gaining the stay in the initial instance is proof of a diligent good faith search for a new home as described in the statute and of course paying the landlord for every month the tenant remains in possession after the judgment. The post judgment proceedings for the stay is time consuming unless the landlord consents to an initial stay on terms and conditions that satisfy the court and do not offend the landlord. Otherwise, the tenant must prove entitlement to the stay, as provided in the statute.
It is not a good plan for a tenant considering the potential need to seek this stay to wait until the conclusion of a trial to first start the search for a new home.
