Bill Text: NY S00451 | 2015-2016 | General Assembly | Introduced
Bill Title: Clarifies the definition of "tenant" to exclude squatters.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00451 Detail]
Download: New_York-2015-S00451-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
451
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sen. MARCELLINO -- 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, 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. Section 711 of the real property actions and proceedings
2 law, as added by chapter 312 of the laws of 1962, the section heading
3 and opening paragraph as amended by chapter 739 of the laws of 1982,
4 subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivi-
5 sion 6 as added by chapter 699 of the laws of 1985, is amended to read
6 as follows:
7 S 711. Grounds where landlord-tenant relationship exists. 1. (A) A
8 tenant shall include an occupant of one or more rooms in a rooming house
9 or a resident, not including a transient occupant, of one or more rooms
10 in a hotel who has been in possession for thirty consecutive days or
11 longer; he shall not be removed from possession except in a special
12 proceeding.
13 (B) FOR THE PURPOSES OF THIS ARTICLE, A TENANT SHALL NOT INCLUDE A
14 PERSON WHO ENTERS ONTO PROPERTY WITH THE INTENT OF SQUATTING ON THE
15 PROPERTY OR OTHERWISE SETTLES ON LAND OR OCCUPIES PROPERTY WITHOUT
16 TITLE, RIGHT, PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT.
17 2. A special proceeding may be maintained under this article upon the
18 following grounds:
19 [1.] (A) The tenant continues in possession of any portion of the
20 premises after the expiration of his term, without the permission of the
21 landlord or, in a case where a new lessee is entitled to possession,
22 without the permission of the new lessee. Acceptance of rent after
23 commencement of the special proceeding upon this ground shall not termi-
24 nate such proceeding nor effect any award of possession to the landlord
25 or to the new lessee, as the case may be. A proceeding seeking to
26 recover possession of real property by reason of the termination of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02485-01-5
S. 451 2
1 term fixed in the lease pursuant to a provision contained therein giving
2 the landlord the right to terminate the time fixed for occupancy under
3 such agreement if he deem the tenant objectionable, shall not be main-
4 tainable unless the landlord shall by competent evidence establish to
5 the satisfaction of the court that the tenant is objectionable.
6 [2.] (B) The tenant has defaulted in the payment of rent, pursuant to
7 the agreement under which the premises are held, and a demand of the
8 rent has been made, or at least three days' notice in writing requiring,
9 in the alternative, the payment of the rent, or the possession of the
10 premises, has been served upon him as prescribed in section [735] SEVEN
11 HUNDRED THIRTY-FIVE OF THIS ARTICLE. The landlord may waive his right to
12 proceed upon this ground only by an express consent in writing to permit
13 the tenant to continue in possession, which consent shall be revocable
14 at will, in which event the landlord shall be deemed to have waived his
15 right to summary dispossess for nonpayment of rent accruing during the
16 time said consent remains unrevoked. Any person succeeding to the land-
17 lord's interest in the premises may proceed under this subdivision for
18 rent due his predecessor in interest if he has a right thereto. Where a
19 tenant dies during the term of the lease and rent due has not been paid
20 and no representative or person has taken possession of the premises and
21 no administrator or executor has been appointed, the proceeding may be
22 commenced after three months from the date of death of the tenant by
23 joining the surviving spouse or if there is none, then one of the
24 surviving issue or if there is none, then any one of the distributees.
25 [3.] (C) The tenant, in a city defaults in the payment, for sixty days
26 after the same shall be payable, of any taxes or assessments levied on
27 the premises which he has agreed in writing to pay pursuant to the
28 agreement under which the premises are held, and a demand for payment
29 has been made, or at least three days' notice in writing, requiring in
30 the alternative the payment thereof and of any interest and penalty
31 thereon, or the possession of the premises, has been served upon him, as
32 prescribed in section [735] SEVEN HUNDRED THIRTY-FIVE OF THIS ARTICLE.
33 An acceptance of any rent shall not be construed as a waiver of the
34 agreement to pay taxes or assessments.
35 [4.] (D) The tenant, under a lease for a term of three years or less,
36 has during the term taken the benefit of an insolvency statute or has
37 been adjudicated a bankrupt.
38 [5.] (E) The premises, or any part thereof, are used or occupied as a
39 bawdy-house, or house or place of assignation for lewd persons, or for
40 purposes of prostitution, or for any illegal trade or manufacture, or
41 other illegal business.
42 [6.] (F) The tenant, in a city having a population of one million or
43 more, removes the batteries or otherwise disconnects or makes inoperable
44 an installed smoke or fire detector which the tenant has not requested
45 be moved from its location so as not to interfere with the reasonable
46 use of kitchen facilities provided that the court, upon complaint there-
47 of, has previously issued an order of violation of the provisions here-
48 tofore stated and, subsequent to the thirtieth day after service of such
49 order upon the tenant, an official inspection report by the appropriate
50 department of housing preservation and development is presented, in
51 writing, indicating non-compliance herewith; provided further, that the
52 tenant shall have the additional ten day period to cure such violation
53 in accordance with the provisions of subdivision four of section seven
54 hundred fifty-three of this [chapter] ARTICLE.
55 S 2. This act shall take effect immediately.
