Bill Text: NY S08996 | 2023-2024 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-04-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S08996 Detail]

Download: New_York-2023-S08996-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8996

                    IN SENATE

                                      April 8, 2024
                                       ___________

        Introduced  by  Sens.  LIU,  COMRIE, PERSAUD, STAVISKY -- 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 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    15  was revoked.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