N.Y. Civil Practice Law & Rules Section 5206
Real property exempt from application to the satisfaction of money judgments


(a)

Exemption of homestead. Property of one of the following types, not exceeding one hundred fifty thousand dollars for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state in value above liens and encumbrances, owned and occupied as a principal residence, is exempt from application to the satisfaction of a money judgment, unless the judgment was recovered wholly for the purchase price thereof:

1.

a lot of land with a dwelling thereon, 2. shares of stock in a cooperative apartment corporation, 3. units of a condominium apartment, or

4.

a mobile home. But no exempt homestead shall be exempt from taxation or from sale for non-payment of taxes or assessments.

(b)

Homestead exemption after owner’s death. The homestead exemption continues after the death of the person in whose favor the property was exempted for the benefit of the surviving spouse and surviving children until the majority of the youngest surviving child and until the death of the surviving spouse.

(c)

Suspension of occupation as affecting homestead. The homestead exemption ceases if the property ceases to be occupied as a residence by a person for whose benefit it may so continue, except where the suspension of occupation is for a period not exceeding one year, and occurs in consequence of injury to, or destruction of, the dwelling house upon the premises.

(d)

Exemption of homestead exceeding one hundred fifty thousand dollars in value for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state. The exemption of a homestead is not void because the value of the property exceeds one hundred fifty thousand dollars for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state but the lien of a judgment attaches to the surplus.

(e)

Sale of homestead exceeding one hundred fifty thousand dollars for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state in value. A judgment creditor may commence a special proceeding in the county in which the homestead is located against the judgment debtor for the sale, by a sheriff or receiver, of a homestead exceeding one hundred fifty thousand dollars for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state in value. The court may direct that the notice of petition be served upon any other person. The court, if it directs such a sale, shall so marshal the proceeds of the sale that the right and interest of each person in the proceeds shall correspond as nearly as may be to his right and interest in the property sold. Money, not exceeding one hundred fifty thousand dollars for the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam; one hundred twenty-five thousand dollars for the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and seventy-five thousand dollars for the remaining counties of the state, paid to a judgment debtor, as representing his interest in the proceeds, is exempt for one year after the payment, unless, before the expiration of the year, he acquires an exempt homestead, in which case, the exemption ceases with respect to so much of the money as was not expended for the purchase of that property; and the exemption of the property so acquired extends to every debt against which the property sold was exempt. Where the exemption of property sold as prescribed in this subdivision has been continued after the judgment debtor’s death, or where he dies after the sale and before payment to him of his portion of the proceeds of the sale, the court may direct that portion of the proceeds which represents his interest be invested for the benefit of the person or persons entitled to the benefit of the exemption, or be otherwise disposed of as justice requires.

(f)

Exemption of burying ground. Land, set apart as a family or private burying ground, is exempt from application to the satisfaction of a money judgment, upon the following conditions only:

1.

a portion of it must have been actually used for that purpose;

2.

it must not exceed in extent one-fourth of an acre; and

3.

it must not contain any building or structure, except one or more vaults or other places of deposit for the dead, or mortuary monuments.

Source: Section 5206 — Real property exempt from application to the satisfaction of money judgments, https://www.­nysenate.­gov/legislation/laws/CVP/5206 (updated Sep. 22, 2014; accessed Mar. 23, 2024).

5201
Debt or property subject to enforcement
5202
Judgment creditor’s rights in personal property
5203
Priorities and liens upon real property
5204
Release of lien or levy upon appeal
5205
Personal property exempt from application to the satisfaction of money judgments
5206
Real property exempt from application to the satisfaction of money judgments
5207
Enforcement involving the state
5208
Enforcement after death of judgment debtor
5209
Discharge of garnishee’s obligation
5210
Power of court to punish for contempt
5211
Privilege on examination
5221
Where enforcement proceeding commenced
5222
Restraining notice
5222–A
Service of notices and forms and procedure for claim of exemption
5223
Disclosure
5224
Subpoena
5225
Payment or delivery of property of judgment debtor
5226
Installment payment order
5227
Payment of debts owed to judgment debtor
5228
Receivers
5229
Enforcement before judgment entered
5230
Executions
5231
Income execution
5232
Levy upon personal property
5233
Sale of personal property
5234
Distribution of proceeds of personal property
5235
Levy upon real property
5236
Sale of real property
5237
Failure of title to property sold
5238
Directions to the sheriff
5239
Proceeding to determine adverse claims
5240
Modification or protective order
5241
Income execution for support enforcement
5242
Income deduction order for support enforcement
5250
Arrest of judgment debtor
5251
Disobedience of subpoena, restraining notice or order
5252
Discrimination against employees and prospective employees based upon wage assignment or income execution
5253
Cost of living adjustment for personal and real property exempt from application to the satisfaction of money judgments and exemptions in...

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 5206’s source at nysenate​.gov

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