§ 5206 — Real property exempt from application to the satisfaction of money judgments

New York § 5206

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 52: Enforcement of Money Judgments

Text

§ 5206. Real property exempt from application to the satisfaction of\nmoney judgments. (a) Exemption of homestead. Property of one of the\nfollowing types, not exceeding one hundred fifty thousand dollars for\nthe counties of Kings, Queens, New York, Bronx, Richmond, Nassau,\nSuffolk, Rockland, Westchester and Putnam; one hundred twenty-five\nthousand dollars for the counties of Dutchess, Albany, Columbia, Orange,\nSaratoga and Ulster; and seventy-five thousand dollars for the remaining\ncounties of the state in value above liens and encumbrances, owned and\noccupied as a principal residence, is exempt from application to the\nsatisfaction of a money judgment, unless the judgment was recovered\nwholly for the purchase price thereof:\n 1. a lot of land with a dwelling thereon,\n 2. shares of stock in a cooperative apartment corporation,\n 3. units of a condominium apartment, or\n 4. a mobile home.\n But no exempt homestead shall be exempt from taxation or from sale for\nnon-payment of taxes or assessments.\n (b) Homestead exemption after owner's death. The homestead exemption\ncontinues after the death of the person in whose favor the property was\nexempted for the benefit of the surviving spouse and surviving children\nuntil the majority of the youngest surviving child and until the death\nof the surviving spouse.\n (c) Suspension of occupation as affecting homestead. The homestead\nexemption ceases if the property ceases to be occupied as a residence by\na person for whose benefit it may so continue, except where the\nsuspension of occupation is for a period not exceeding one year, and\noccurs in consequence of injury to, or destruction of, the dwelling\nhouse upon the premises.\n (d) Exemption of homestead exceeding one hundred fifty thousand\ndollars in value for the counties of Kings, Queens, New York, Bronx,\nRichmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred\ntwenty-five thousand dollars for the counties of Dutchess, Albany,\nColumbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars\nfor the remaining counties of the state. The exemption of a homestead is\nnot void because the value of the property exceeds one hundred fifty\nthousand dollars for the counties of Kings, Queens, New York, Bronx,\nRichmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred\ntwenty-five thousand dollars for the counties of Dutchess, Albany,\nColumbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars\nfor the remaining counties of the state but the lien of a judgment\nattaches to the surplus.\n (e) Sale of homestead exceeding one hundred fifty thousand dollars for\nthe counties of Kings, Queens, New York, Bronx, Richmond, Nassau,\nSuffolk, Rockland, Westchester and Putnam; one hundred twenty-five\nthousand dollars for the counties of Dutchess, Albany, Columbia, Orange,\nSaratoga and Ulster; and seventy-five thousand dollars for the remaining\ncounties of the state in value. A judgment creditor may commence a\nspecial proceeding in the county in which the homestead is located\nagainst the judgment debtor for the sale, by a sheriff or receiver, of a\nhomestead exceeding one hundred fifty thousand dollars for the counties\nof Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland,\nWestchester and Putnam; one hundred twenty-five thousand dollars for the\ncounties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and\nseventy-five thousand dollars for the remaining counties of the state in\nvalue. The court may direct that the notice of petition be served upon\nany other person. The court, if it directs such a sale, shall so marshal\nthe proceeds of the sale that the right and interest of each person in\nthe proceeds shall correspond as nearly as may be to his right and\ninterest in the property sold. Money, not exceeding one hundred fifty\nthousand dollars for the counties of Kings, Queens, New York, Bronx,\nRichmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred\ntwenty-five thousand dollars for the counties of Dutchess, Albany,\nColumbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars\nfor the remaining counties of the state, paid to a judgment debtor, as\nrepresenting his interest in the proceeds, is exempt for one year after\nthe payment, unless, before the expiration of the year, he acquires an\nexempt homestead, in which case, the exemption ceases with respect to so\nmuch of the money as was not expended for the purchase of that property;\nand the exemption of the property so acquired extends to every debt\nagainst which the property sold was exempt. Where the exemption of\nproperty sold as prescribed in this subdivision has been continued after\nthe judgment debtor's death, or where he dies after the sale and before\npayment to him of his portion of the proceeds of the sale, the court may\ndirect that portion of the proceeds which represents his interest be\ninvested for the benefit of the person or persons entitled to the\nbenefit of the exemption, or be otherwise disposed of as justice\nrequires.\n (f) Exemption of burying ground. Land, set apart as a family or\nprivate burying ground, is exempt from application to the satisfaction\nof a money judgment, upon the following conditions only:\n 1. a portion of it must have been actually used for that purpose;\n 2. it must not exceed in extent one-fourth of an acre; and\n 3. it must not contain any building or structure, except one or more\nvaults or other places of deposit for the dead, or mortuary monuments.\n