Bill Text: NY S03086 | 2009-2010 | General Assembly | Amended

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Bill Title: Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity by explicitly allowing an eviction for such gambling or drug activity; includes illegal gambling or drug related activity which occurs within 1000 feet of such dwelling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S03086 Detail]

Download: New_York-2009-S03086-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3086--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 10, 2009
                                      ___________
       Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
         printed to be committed to the  Committee  on  Judiciary  --  reported
         favorably  from said committee and committed to the Committee on Codes
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN  ACT  to  amend  the  real  property  actions and proceedings law, in
         relation to grounds for the removal of a tenant from a  dwelling  when
         landlord-tenant relationship exists
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 711 of the real  property  actions
    2  and  proceedings  law,  as  added by chapter 312 of the laws of 1962, is
    3  amended to read as follows:
    4    5. The premises, or any part  thereof,  are  used  or  occupied  as  a
    5  bawdy-house,  or  house or place of assignation for lewd persons, or for
    6  purposes of prostitution, ILLEGAL GAMBLING OR ILLEGAL SALE OR POSSESSION
    7  OF A CONTROLLED SUBSTANCE OR MARIHUANA, or  for  any  illegal  trade  or
    8  manufacture,  or  other  illegal business. FOR PURPOSES OF THIS SUBDIVI-
    9  SION, TWO OR MORE CONVICTIONS OF ANY TENANT,  WITHIN  A  PERIOD  OF  ONE
   10  YEAR, FOR ANY OF THE OFFENSES DESCRIBED IN ARTICLE TWO HUNDRED TWENTY OR
   11  TWO  HUNDRED  TWENTY-ONE  OF  THE  PENAL  LAW OR SECTION 225.00, 225.05,
   12  225.10, 225.15, 225.20, 225.30, 225.32, 225.35, 225.40, 230.00,  230.05,
   13  230.20, 230.25, 230.30 OR 230.40 OF THE PENAL LAW ARISING OUT OF CONDUCT
   14  ENGAGED  IN  BY  SUCH  TENANT  AT THE SAME REAL PROPERTY CONSISTING OF A
   15  DWELLING AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR  OF
   16  THE  MULTIPLE  DWELLING LAW OR WITHIN ONE THOUSAND FEET OF SUCH DWELLING
   17  SHALL BE PRESUMPTIVE EVIDENCE OF CONDUCT CONSTITUTING USE OF  THE  PREM-
   18  ISES  FOR  PURPOSES OF PROSTITUTION, ILLEGAL GAMBLING OR ILLEGAL SALE OR
   19  POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA.
   20    S 2.  This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04125-02-9