N.Y. RPA Law § 753 — New York Code / Act RPA / Article 7 / Section 753
Stay in premises occupied for dwelling purposes
Status: in_force

§ 753. Stay in premises occupied for dwelling purposes. 1. In a\nproceeding to recover the possession of premises occupied for dwelling\npurposes, other than a room or rooms in an hotel, lodging house, or\nrooming house, the court, on application of the occupant, may stay the\nissuance of a warrant and also stay any execution to collect the costs\nof the proceeding for a period of not more than one year, if it appears\nthat the premises are used for dwelling purposes; that the application\nis made in good faith; that the applicant cannot within the neighborhood\nsecure suitable premises similar to those occupied by the applicant and\nthat the applicant made due and reasonable efforts to secure such other\npremises, or that by reason of other facts it would occasion extreme\nhardship to the applicant or the applicant's family if the stay were not\ngranted. In determining whether refusal to grant a stay would occasion\nextreme hardship, the court shall consider serious ill health,\nsignificant exacerbation of an ongoing condition, a child's enrollment\nin a local school, and any other extenuating life circumstances\naffecting the ability of the applicant or the applicant's family to\nrelocate and maintain quality of life. The court shall consider any\nsubstantial hardship the stay may impose on the landlord in determining\nwhether to grant the stay or in setting the length or other terms of the\nstay. In an application brought outside a city of one million or more,\nthe term "neighborhood" shall be construed to mean (i) the same town,\nvillage or city where the applicant now resides, or (ii) if the\napplicant has school aged children residing with him or her,\n"neighborhood" shall mean the school district where such children attend\nor are eligible to attend.\n  2. Such stay shall be granted and continue effective only upon the\ncondition that the person against whom the judgment is entered shall\nmake a deposit in court of the entire amount, or such installments\nthereof from time to time as the court may direct, for the occupation of\nthe premises for the period of the stay, at the rate for which the\napplicant was liable as rent for the month immediately prior to the\nexpiration of the applicant's term or tenancy, plus such additional\namount, if any, as the court may determine to be the difference between\nsuch rent and the reasonable rent or value of the use and occupation of\nthe premises; such deposit may also include all rent unpaid by the\noccupant prior to the period of the stay. The amount of such deposit\nshall be determined by the court upon the application for the stay and\nsuch determination shall be final and conclusive in respect to the\namount of such deposit, and the amount thereof shall be paid into court,\nin such manner and in such installments, if any, as the court may\ndirect. A separate account shall be kept of the amount to the credit of\neach proceeding, and all such payments shall be deposited in a bank or\ntrust company and shall be subject to the check of the clerk of the\ncourt, if there be one, or otherwise of the court. The clerk of the\ncourt, if there be one, and otherwise the court shall pay to the\nlandlord or the landlord's duly authorized agent, the amount of such\ndeposit in accordance with the terms of the stay or the further order of\nthe court.\n  3. The provisions of this section shall not apply to a proceeding to\nrecover possession upon the ground that an occupant is holding over and\nis objectionable if the landlord shall establish by competent evidence\nto the satisfaction of the court that such occupant is objectionable.\n  4. In the event that such proceeding is based upon a claim that the\ntenant or lessee has breached a provision of the lease, the court shall\ngrant a thirty day stay of issuance of the warrant, during which time\nthe respondent may correct such breach.\n  5. Any provision of a lease or other agreement whereby a lessee or\ntenant waives any provision of this section shall be deemed against\npublic policy and void.\n