New York A 6390: Increases the value of homesteads which are to be exempt from civil judgments

Bill Text

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A06390 Summary:

BILL NOA06390 

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SAME ASNo Same As

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SPONSORWalker

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COSPNSR

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MLTSPNSR

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Amd §5206, CPLR

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Increases the value of homesteads which are exempt from civil judgments from one hundred fifty thousand to two hundred fifty thousand dollars.

Go to top A06390 Actions:

BILL NOA06390 

&nbsp

03/04/2025referred to codes

01/07/2026referred to codes

Go to topA06390 Committee&nbspVotes:

Go to topA06390 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA06390 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6390

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

 Introduced by M. of A. WALKER -- read once and referred to the Committee
 on Codes

 AN ACT to amend the civil practice law and rules, in relation to
 increasing the value of homesteads which are to be exempt from civil
 judgments

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions (a), (d) and (e) of section 5206 of the civil
 2 practice law and rules, as amended by chapter 568 of the laws of 2010,
 3 are amended to read as follows:
 4 (a) Exemption of homestead. Property of one of the following types,
 5 not exceeding [one] two hundred fifty thousand dollars for the counties
 6 of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland,
 7 Westchester and Putnam; one hundred twenty-five thousand dollars for the
 8 counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and
 9 seventy-five thousand dollars for the remaining counties of the state in
 10 value above liens and encumbrances, owned and occupied as a principal
 11 residence, is exempt from application to the satisfaction of a money
 12 judgment, unless the judgment was recovered wholly for the purchase
 13 price thereof:
 14 1. a lot of land with a dwelling thereon,
 15 2. shares of stock in a cooperative apartment corporation,
 16 3. units of a condominium apartment, or
 17 4. a mobile home.
 18 But no exempt homestead shall be exempt from taxation or from sale for
 19 non-payment of taxes or assessments.
 20 (d) Exemption of homestead exceeding [one] two hundred fifty thousand
 21 dollars in value for the counties of Kings, Queens, New York, Bronx,
 22 Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
 23 twenty-five thousand dollars for the counties of Dutchess, Albany,
 24 Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06695-01-5

 A. 6390 2

 1 for the remaining counties of the state. The exemption of a homestead is
 2 not void because the value of the property exceeds one hundred fifty
 3 thousand dollars for the counties of Kings, Queens, New York, Bronx,
 4 Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred
 5 twenty-five thousand dollars for the counties of Dutchess, Albany,
 6 Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars
 7 for the remaining counties of the state but the lien of a judgment
 8 attaches to the surplus.
 9 (e) Sale of homestead exceeding [one] two hundred fifty thousand
 10 dollars for the counties of Kings, Queens, New York, Bronx, Richmond,
 11 Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-
 12 five thousand dollars for the counties of Dutchess, Albany, Columbia,
 13 Orange, Saratoga and Ulster; and seventy-five thousand dollars for the
 14 remaining counties of the state in value. A judgment creditor may
 15 commence a special proceeding in the county in which the homestead is
 16 located against the judgment debtor for the sale, by a sheriff or
 17 receiver, of a homestead exceeding [one] two hundred fifty thousand
 18 dollars for the counties of Kings, Queens, New York, Bronx, Richmond,
 19 Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-
 20 five thousand dollars for the counties of Dutchess, Albany, Columbia,
 21 Orange, Saratoga and Ulster; and seventy-five thousand dollars for the
 22 remaining counties of the state in value. The court may direct that the
 23 notice of petition be served upon any oth