2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7 - Summary Proceeding to Recover Possession of Real Property › 753 - Stay in Premises Occupied for Dwelling Purposes.

§  753.  Stay  in  premises  occupied  for  dwelling purposes. 1. In a
  proceeding to recover the possession of premises occupied  for  dwelling
  purposes,  other  than  a  room  or rooms in an hotel, lodging house, or
  rooming house, the court, on application of the occupant, may  stay  the
  issuance  of  a warrant and also stay any execution to collect the costs
  of the proceeding for a period of not more than one year, if it  appears
  that  the  premises are used for dwelling purposes; that the application
  is made in good faith; that the applicant cannot within the neighborhood
  secure suitable premises similar to those occupied by the applicant  and
  that  the applicant made due and reasonable efforts to secure such other
  premises, or that by reason of other facts  it  would  occasion  extreme
  hardship to the applicant or the applicant's family if the stay were not
  granted.  In  determining whether refusal to grant a stay would occasion
  extreme  hardship,  the  court  shall  consider  serious   ill   health,
  significant  exacerbation  of an ongoing condition, a child's enrollment
  in  a  local  school,  and  any  other  extenuating  life  circumstances
  affecting  the  ability  of  the  applicant or the applicant's family to
  relocate and maintain quality of life.  The  court  shall  consider  any
  substantial  hardship the stay may impose on the landlord in determining
  whether to grant the stay or in setting the length or other terms of the
  stay. In an application brought outside a city of one million  or  more,
  the  term  "neighborhood"  shall be construed to mean (i) the same town,
  village or city  where  the  applicant  now  resides,  or  (ii)  if  the
  applicant   has   school   aged  children  residing  with  him  or  her,
  "neighborhood" shall mean the school district where such children attend
  or are eligible to attend.
2. Such stay shall be granted and continue  effective  only  upon  the
  condition  that  the  person  against whom the judgment is entered shall
  make a deposit in court of  the  entire  amount,  or  such  installments
  thereof from time to time as the court may direct, for the occupation of
  the  premises  for  the  period  of  the stay, at the rate for which the
  applicant was liable as rent for the  month  immediately  prior  to  the
  expiration  of  the  applicant's  term  or tenancy, plus such additional
  amount, if any, as the court may determine to be the difference  between
  such  rent and the reasonable rent or value of the use and occupation of
  the premises; such deposit may also  include  all  rent  unpaid  by  the
  occupant  prior  to  the  period of the stay. The amount of such deposit
  shall be determined by the court upon the application for the  stay  and
  such  determination  shall  be  final  and  conclusive in respect to the
  amount of such deposit, and the amount thereof shall be paid into court,
  in such manner and in such  installments,  if  any,  as  the  court  may
  direct.  A separate account shall be kept of the amount to the credit of
  each proceeding, and all such payments shall be deposited in a  bank  or
  trust  company  and  shall  be  subject to the check of the clerk of the
  court, if there be one, or otherwise of the  court.  The  clerk  of  the
  court,  if  there  be  one,  and  otherwise  the  court shall pay to the
  landlord or the landlord's duly authorized agent,  the  amount  of  such
  deposit in accordance with the terms of the stay or the further order of
  the court.
3.  The  provisions of this section shall not apply to a proceeding to
  recover possession upon the ground that an occupant is holding over  and
  is  objectionable  if the landlord shall establish by competent evidence
  to the satisfaction of the court that such occupant is objectionable.
4. In the event that such proceeding is based upon a  claim  that  the
  tenant  or lessee has breached a provision of the lease, the court shall
  grant a thirty day stay of issuance of the warrant,  during  which  time
  the respondent may correct such breach.
5.  Any  provision  of  a lease or other agreement whereby a lessee or
  tenant waives any provision of this  section  shall  be  deemed  against
  public policy and void.