Bill Text: NY S05979 | 2023-2024 | General Assembly | Introduced

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Bill Title: Extends the time period for tenancy rights from 30 days to 45 days of possession; adds squatting to the definition of criminal trespass in the third degree.

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05979 Detail]

Download: New_York-2023-S05979-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5979

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 24, 2023
                                       ___________

        Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
          printed, and when printed to be committed to the Committee on Housing,
          Construction and Community Development

        AN ACT to amend the real property actions and proceedings  law  and  the
          penal  law,  in  relation  to clarifying the definition of "tenant" to
          exclude squatters

          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]  forty-five
     7  consecutive  days or longer.  No tenant or lawful occupant of a dwelling
     8  or housing accommodation shall be removed from possession  except  in  a
     9  special  proceeding.  A  special proceeding may be maintained under this
    10  article upon the following grounds:
    11    § 2. Section 711 of the real property actions and proceedings  law  is
    12  amended by adding a new subdivision 7 to read as follows:
    13    7.  Notwithstanding any contrary provision of law, for the purposes of
    14  this article, a tenant shall not include a person who enters onto  prop-
    15  erty  with  the  intent  of  squatting on such property or who otherwise
    16  settles on land or occupies property without title, right, permission of
    17  the rightful owner, or payment of rent.
    18    § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
    19  chapter 176 of the laws of 2011, is amended to read as follows:
    20    (g) where the property consists of a right-of-way or yard of  a  rail-
    21  road  or  rapid transit railroad which has been designated and conspicu-
    22  ously posted as a no-trespass railroad zone; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09157-01-3
        S. 5979                             2

     1    (h) with the intent of squatting in such building or  upon  such  real
     2  property  or  otherwise  occupies such building or real property without
     3  title, right, permission of the rightful  owner,  or  payment  of  rent;
     4  provided,  however,  that  in  any prosecution under this subdivision it
     5  shall  be  an  affirmative  defense  that  the  defendant is a tenant as
     6  defined in section seven hundred eleven of the real property actions and
     7  proceedings law.
     8    § 4. This act shall take effect immediately.