Requires petitions that go to trial be resolved in six months or less upon issue being joined.
Impact
The proposed changes have significant implications for the judicial process, particularly in housing and real estate law. By setting a definitive six-month deadline for judgments, the bill seeks to reduce the backlog of cases awaiting resolution in the courts. This is crucial in the context of property disputes where timely decisions can greatly affect tenants, landlords, and homeowners alike, potentially leading to more predictable and stable housing conditions.
Summary
Bill S07795 aims to amend the real property actions and proceedings law in New York state by establishing a strict timeline for the resolution of petitions that go to trial. Specifically, the bill mandates that the court must render a final judgment on a petition no later than six months from the date upon which the issue is joined. This is intended to enhance the efficiency of court proceedings related to real property matters, making them more expedient for all parties involved.
Contention
While the bill has the potential to streamline court operations and improve access to justice, there may also be concerns raised about the feasibility of such timelines. Opponents might argue that a rigid six-month deadline could lead to rushed decisions that do not adequately consider the complexities of individual cases. This could place additional pressure on court systems that are already facing heavy caseloads, possibly impacting the quality of legal outcomes. Therefore, the balance between expediency and thoroughness in judicial proceedings will likely be a key point of discussion among lawmakers and legal professionals.
Same As
Requires that in cases concerning dwellings with two units or less, petitions that go to trial be resolved in six months or less upon issue being joined; provides that in cases concerning dwellings with three or four units, the court shall render a final judgment on a petition no later than twelve months from the date upon which the issue is enjoined.
Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.
Allows for no fault separation where the relationship between the spouses has broken down irretrievably for a period of at least six months; requires that issues of support and custody or visitation have been resolved.
Requires lessors or their authorized agent to provide a copy of a lease agreement upon written request of a residential lessee within thirty calendar days from the date of such request.
Relates to leased vehicle protections; provides that every lease shall itemize and set forth in detail all costs required to be paid by the lessee or purchaser of the rental vehicle upon termination of such lease.
Removes the requirement that an employer has employed an average of one thousand or more persons in the past three years in order to pay less frequently than weekly, but not less frequently than semi-monthly; provides for damages for violations where the employer paid the employee wages on a regular payday, no less frequently than semi-monthly.
Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.
Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.