2023 New York Laws › CVP - Civil Practice Law and Rules › Article 52 - Enforcement of Money Judgments › 5206 - Real Property Exempt From Application to the Satisfaction of Money Judgments.

§  5206.  Real property exempt from application to the satisfaction of
money judgments. (a) Exemption of homestead.  Property  of  one  of  the
following  types,  not  exceeding one hundred fifty thousand dollars for
the counties of  Kings,  Queens,  New  York,  Bronx,  Richmond,  Nassau,
Suffolk,  Rockland,  Westchester  and  Putnam;  one  hundred twenty-five
thousand dollars for the counties of Dutchess, Albany, Columbia, Orange,
Saratoga and Ulster; and seventy-five thousand dollars for the remaining
counties of the state in value above liens and encumbrances,  owned  and
occupied  as  a  principal  residence, is exempt from application to the
satisfaction of a money judgment,  unless  the  judgment  was  recovered
wholly for the purchase price thereof:
1. a lot of land with a dwelling thereon,
2. shares of stock in a cooperative apartment corporation,
3. units of a condominium apartment, or
4. a mobile home.
But no exempt homestead shall be exempt from taxation or from sale for
non-payment of taxes or assessments.
(b)  Homestead  exemption after owner's death. The homestead exemption
continues after the death of the person in whose favor the property  was
exempted  for the benefit of the surviving spouse and surviving children
until the majority of the youngest surviving child and until  the  death
of the surviving spouse.
(c)  Suspension  of  occupation  as affecting homestead. The homestead
exemption ceases if the property ceases to be occupied as a residence by
a person for  whose  benefit  it  may  so  continue,  except  where  the
suspension  of  occupation  is  for a period not exceeding one year, and
occurs in consequence of injury to,  or  destruction  of,  the  dwelling
house upon the premises.
(d)  Exemption  of  homestead  exceeding  one  hundred  fifty thousand
dollars in value for the counties of Kings,  Queens,  New  York,  Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five  thousand  dollars  for  the  counties  of Dutchess, Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for the remaining counties of the state. The exemption of a homestead is
not void because the value of the property  exceeds  one  hundred  fifty
thousand  dollars  for  the  counties of Kings, Queens, New York, Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five thousand dollars  for  the  counties  of  Dutchess,  Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for  the  remaining  counties  of  the  state but the lien of a judgment
attaches to the surplus.
(e) Sale of homestead exceeding one hundred fifty thousand dollars for
the counties of  Kings,  Queens,  New  York,  Bronx,  Richmond,  Nassau,
Suffolk,  Rockland,  Westchester  and  Putnam;  one  hundred twenty-five
thousand dollars for the counties of Dutchess, Albany, Columbia, Orange,
Saratoga and Ulster; and seventy-five thousand dollars for the remaining
counties of the state in value.  A  judgment  creditor  may  commence  a
special  proceeding  in  the  county  in  which the homestead is located
against the judgment debtor for the sale, by a sheriff or receiver, of a
homestead exceeding one hundred fifty thousand dollars for the  counties
of  Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland,
Westchester and Putnam; one hundred twenty-five thousand dollars for the
counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and
seventy-five thousand dollars for the remaining counties of the state in
value. The court may direct that the notice of petition be  served  upon
any other person. The court, if it directs such a sale, shall so marshal
the  proceeds  of the sale that the right and interest of each person in
the proceeds shall correspond as nearly as  may  be  to  his  right  and

interest  in  the  property sold. Money, not exceeding one hundred fifty
thousand dollars for the counties of Kings,  Queens,  New  York,  Bronx,
Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
twenty-five  thousand  dollars  for  the  counties  of Dutchess, Albany,
Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
for the remaining counties of the state, paid to a judgment  debtor,  as
representing  his interest in the proceeds, is exempt for one year after
the payment, unless, before the expiration of the year, he  acquires  an
exempt homestead, in which case, the exemption ceases with respect to so
much of the money as was not expended for the purchase of that property;
and  the  exemption  of  the  property so acquired extends to every debt
against which the property sold  was  exempt.  Where  the  exemption  of
property sold as prescribed in this subdivision has been continued after
the  judgment debtor's death, or where he dies after the sale and before
payment to him of his portion of the proceeds of the sale, the court may
direct that portion of the proceeds which  represents  his  interest  be
invested  for  the  benefit  of  the  person  or persons entitled to the
benefit of the  exemption,  or  be  otherwise  disposed  of  as  justice
requires.
(f)  Exemption  of  burying  ground.  Land,  set  apart as a family or
private burying ground, is exempt from application to  the  satisfaction
of a money judgment, upon the following conditions only:
1. a portion of it must have been actually used for that purpose;
2. it must not exceed in extent one-fourth of an acre; and
3.  it  must not contain any building or structure, except one or more
vaults or other places of deposit for the dead, or mortuary monuments.