N.Y. Real Property Actions & Proceedings Law § 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.