Assembly Bill A3796

2015-2016 Legislative Session

Expands provisions for eviction for illegal occupancy of leased premises; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A3796 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711 & 715, rpld §715 sub 3, RPAP L; amd §231, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7142
2011-2012: A6703
2013-2014: A1806

2015-A3796 (ACTIVE) - Summary

Relates to the illegal occupancy of multiple dwellings by broadening present law to allow application to a wider range of illegal activities including but not limited to gambling, prostitution and illegal possession of a controlled substance or marijuana and allows a wider range of interested parties to begin eviction proceedings; also allows for the presumption of illegal occupancy of buildings based on prior criminal record.

2015-A3796 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3796

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY, FINCH, KOLB, HAWLEY -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the real property actions and proceedings  law  and  the
  real  property  law, in relation to illegal occupancy of certain prem-
  ises; and to repeal subdivision 3 of section 715 of the real  property
  actions and proceedings law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 711 of the real  property  actions
and  proceedings  law,  as  added by chapter 312 of the laws of 1962, is
amended to read as follows:
  5. The premises, or any part thereof,  are  used  or  occupied  [as  a
bawdy-house,  or house or place of assignation for lewd persons, or] for
purposes of prostitution, ILLEGAL GAMBLING, ILLEGAL POSSESSION, MANUFAC-
TURE OR SALE OF A CONTROLLED SUBSTANCE OR MARIJUANA  or  for  any  OTHER
illegal  trade,  ACTIVITY,  BUSINESS  or  manufacture[, or other illegal
business]. FOR PURPOSES OF THIS SECTION, TWO OR MORE  CONVICTIONS  OF  A
TENANT OR OCCUPANT WITHIN A PERIOD OF TWO YEARS, FOR ANY OF THE OFFENSES
DESCRIBED  IN  ARTICLE  TWO  HUNDRED TWENTY, TWO HUNDRED TWENTY-ONE, TWO
HUNDRED TWENTY-FIVE OR TWO HUNDRED THIRTY OF THE PENAL LAW  ARISING  OUT
OF CONDUCT OCCURRING WITHIN ONE THOUSAND FEET OF THE SUBJECT PREMISES OR
ANY  PART  THEREOF,  OR  TWO OR MORE CONVICTIONS OF ANY PERSON, WITHIN A
PERIOD OF ONE YEAR, FOR ANY OF THE OFFENSES  DESCRIBED  IN  ARTICLE  TWO
HUNDRED  TWENTY,  TWO HUNDRED TWENTY-ONE, TWO HUNDRED TWENTY-FIVE OR TWO
HUNDRED THIRTY OF THE PENAL LAW ARISING OUT OF CONDUCT OCCURRING ON  THE
SUBJECT  PREMISES  OR  ANY PART THEREOF SHALL BE PRESUMPTIVE EVIDENCE OF
UNLAWFUL USE OR OCCUPATION OF SUCH PREMISES OR PART THEREOF AND  OF  THE
TENANT'S OR OCCUPANT'S KNOWLEDGE OF SUCH UNLAWFUL USE OR OCCUPATION.
  S  2.  Subdivision  1  of section 715 of the real property actions and
proceedings law, as amended by chapter 555  of  the  laws  of  1978,  is
amended to read as follows:
  1.  [An] ANY owner or tenant[, including a tenant of one or more rooms
of an apartment house, tenement house  or  multiple  dwelling,]  of  any
premises  within  [two  hundred]  ONE THOUSAND feet from other [demised]

              

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