Senate Bill S451

2015-2016 Legislative Session

Clarifies the definition of tenant to exclude squatters

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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-S451 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §711, RPAP L
Versions Introduced in 2013-2014 Legislative Session:
S5940

2015-S451 (ACTIVE) - Summary

Clarifies the definition of "tenant" to exclude squatters.

2015-S451 (ACTIVE) - Sponsor Memo

2015-S451 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. Section 711 of the real property  actions  and  proceedings
law,  as  added  by chapter 312 of the laws of 1962, the section heading
and opening paragraph as amended by chapter 739 of  the  laws  of  1982,
subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivi-
sion  6  as added by chapter 699 of the laws of 1985, is amended to read
as follows:
  S 711. Grounds where landlord-tenant relationship  exists.  1.  (A)  A
tenant shall include an occupant of one or more rooms in a rooming house
or  a resident, not including a transient occupant, of one or more rooms
in a hotel who has been in possession for  thirty  consecutive  days  or
longer;  he  shall  not  be  removed from possession except in a special
proceeding.
  (B) FOR THE PURPOSES OF THIS ARTICLE, A TENANT  SHALL  NOT  INCLUDE  A
PERSON  WHO  ENTERS  ONTO  PROPERTY  WITH THE INTENT OF SQUATTING ON THE
PROPERTY OR OTHERWISE SETTLES  ON  LAND  OR  OCCUPIES  PROPERTY  WITHOUT
TITLE, RIGHT, PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT.
  2.  A special proceeding may be maintained under this article upon the
following grounds:
  [1.] (A) The tenant continues in possession  of  any  portion  of  the
premises after the expiration of his term, without the permission of the
landlord  or,  in  a  case where a new lessee is entitled to possession,
without the permission of the  new  lessee.  Acceptance  of  rent  after
commencement of the special proceeding upon this ground shall not termi-
nate  such proceeding nor effect any award of possession to the landlord
or to the new lessee, as the  case  may  be.  A  proceeding  seeking  to
recover  possession of real property by reason of the termination of the
              

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