(b) Such officer shall check such property for the presence of a
companion animal prior to executing such warrant and coordinate with
such person or persons to be evicted or dispossessed to provide for the
safe and proper care of such companion animal or animals. If such
persons to be evicted or dispossessed cannot be found after reasonable
efforts are made to coordinate with such persons, or if such person is
found and declines to take possession of such animal or animals, such
officer shall promptly coordinate with the duly incorporated humane
society, duly incorporated society for the prevention of cruelty to
animals or pound maintained by or under contract or agreement with the
municipality in which the animal was found for the safe removal of such
companion animal or animals. Such officer shall make reasonable efforts
to provide notice to the person or persons to be evicted regarding the
location of such companion animal or animals. Disposition of such
companion animal or animals shall be in accordance with the provisions
of sections one hundred seventeen and three hundred seventy-four of the
agriculture and markets law, and all other laws, rules and regulations
that govern the humane treatment of animals. "Companion animal," as used
in this paragraph, shall have the same meaning as provided in
subdivision five of section three hundred fifty of the agriculture and
markets law.
3. Nothing contained herein shall deprive the court of the power to
stay or vacate such warrant for good cause shown prior to the execution
thereof, or to restore the tenant to possession subsequent to execution
of the warrant. In a judgment for non-payment of rent, the court shall
vacate a warrant upon tender or deposit with the court of the full rent
due at any time prior to its execution, unless the petitioner
establishes that the tenant withheld the rent due in bad faith.
Petitioner may recover by action any sum of money which was payable at
the time when the special proceeding was commenced and the reasonable
value of the use and occupation to the time when the warrant was issued,
for any period of time with respect to which the agreement does not make
any provision for payment of rent.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 7 - Summary Proceeding to Recover Possession of Real Property
701 - Jurisdiction; Courts; Venue.
702 - Rent in a Residential Dwelling.
711 - Grounds Where Landlord-Tenant Relationship Exists.
713 - Grounds Where No Landlord-Tenant Relationship Exists.
715 - Grounds and Procedure Where Use or Occupancy Is Illegal.
715-A - Grounds and Procedure for Removal of Commercial Tenants for Unlicensed Cannabis Retail Sale.
721 - Person Who May Maintain Proceeding.
731 - Commencement; Notice of Petition.
732 - Special Provisions Applicable in Non-Payment Proceeding if the Rules So Provide.
733 - Time of Service; Order to Show Cause.
734 - Notice of Petition; Service on the Westchester County Department of Social Services.
735 - Manner of Service; Filing; When Service Complete.
744 - Eviction Based on Domestic Violence Victim Status Prohibited.
751 - Stay Upon Paying Rent or Giving Undertaking; Discretionary Stay Outside City of New York.
753 - Stay in Premises Occupied for Dwelling Purposes.
755 - Stay of Proceeding or Action for Rent Upon Failure to Make Repairs.
756 - Stay of Summary Proceedings or Actions for Rent Under Certain Conditions.
757 - Eviction as the Result of Foreclosure.
763 - Redemption by Creditor of Lessee.
765 - Effect of Redemption Upon Lease.