Bill Text: NY A09772 | 2023-2024 | General Assembly | Introduced

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Bill Title: Clarifies that a squatter is not a tenant for purposes of removal proceedings.

Spectrum: Slight Partisan Bill (Democrat 13-5)

Status: (Introduced) 2024-04-09 - referred to housing [A09772 Detail]

Download: New_York-2023-A09772-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9772

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced  by M. of A. KIM, LEE, ROZIC -- read once and referred to the
          Committee on Housing

        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation to clarifying the status of squatters for purposes of removal
          proceedings

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

     1    Section 1. The opening paragraph of section 711 of the  real  property
     2  actions and proceedings law, as amended by section 12 of part M of chap-
     3  ter 36 of the laws of 2019, is amended to read as follows:
     4    A  tenant  shall include an occupant of one or more rooms in a rooming
     5  house or a resident, not including a transient occupant, of one or  more
     6  rooms  in a hotel who has been in possession for thirty consecutive days
     7  or longer.  No tenant or lawful occupant of a dwelling or housing accom-
     8  modation shall be removed from possession except in a  special  proceed-
     9  ing.   A tenant shall not include a squatter. A squatter is a person who
    10  enters onto real property or enters a building with the intent of squat-
    11  ting therein, and resides without title,  right  or  permission  of  the
    12  owner or owner's agent or a person entitled to possession. A squatter is
    13  not  someone  who entered the property with the permission of the owner,
    14  owner's agent or a person entitled to possession where  such  permission
    15  was  revoked.  A special proceeding may be maintained under this article
    16  upon the following grounds:
    17    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15136-02-4