Authorizes the district attorney to intervene in a proceeding brought by the owner of premises upon which the tenant's occupancy is illegal based upon it's use.

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S6026-2011 Actions

• May 14, 2012: referred to judiciary
• May 14, 2012: DELIVERED TO ASSEMBLY
• May 14, 2012: PASSED SENATE
• Mar 7, 2012: ADVANCED TO THIRD READING
• Mar 6, 2012: 2ND REPORT CAL.
• Mar 5, 2012: 1ST REPORT CAL.270
• Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

S6026-2011 Meetings

Housing, Construction and Community Development: Mar 5, 2012

S6026-2011 Calendars

Active List: May 14, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012 , Floor Calendar: Mar 26, 2012 , Floor Calendar: Mar 27, 2012 , Floor Calendar: Mar 28, 2012 , Floor Calendar: Mar 29, 2012 , Floor Calendar: Mar 30, 2012 , Floor Calendar: Apr 17, 2012 , Floor Calendar: Apr 18, 2012 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012

S6026-2011 Votes

S6026-2011 Memo

BILL NUMBER:S6026

TITLE OF BILL:
An act
to amend the real property actions and proceedings law, in relation to
the intervention of the district attorney having jurisdiction in a
proceeding where use or occupancy of residential rental property is
illegal

PURPOSE OR GENERAL IDEA OF BILL:
This bill would give the district
attorney the jurisdiction to intervene in cases in which a landlord
seeks to remove a tenant because of illegal activity on the rented
premises.

SUMMARY OF SPECIFIC PROVISIONS:
The district attorney has jurisdiction
if the proceeding for removal is the result of a violation of
specified sections of the real property actions and proceedings law.

JUSTIFICATION:
Under current law, landlords are responsible to pursue
the evictions of tenants who use their rented property for illegal
purposes. With the burden of proceedings placed solely on landlords
tenants who repeatedly use a rented premises for illegal activity are
less likely to be evicted and more likely to re-offend than if the
case were the responsibility of the district attorney. A district
attorney has the expertise and time to more effectively enforce the
law and prevent crime from returning to neighborhoods where it
already has been discovered.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S6026-2011 Text

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

                                    6026

                              I N  SENATE

                                 (PREFILED)

                               January 4, 2012
                                 ___________

  Introduced  by  Sen.  KLEIN  -- 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 the intervention of the district attorney having jurisdic-
    tion in a proceeding where use  or  occupancy  of  residential  rental
    property is illegal

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


    Section 1. Section 715 of the real property  actions  and  proceedings
  law is amended by adding a new subdivision 6 to read as follows:

    6.  IN  ANY PROCEEDING COMMENCED BY AN OWNER, PURSUANT TO THIS SECTION
  OR SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE, FOR  THE  REMOVAL  FROM
  THE  POSSESSION  OF  PREMISES  FROM  A TENANT OR TENANTS UPON ANY GROUND
  SPECIFIED IN SUBDIVISION  ONE  OF  THIS  SECTION,  SUBDIVISION  FIVE  OF
  SECTION  SEVEN  HUNDRED  ELEVEN  OF  THIS  ARTICLE OR SUBDIVISION ONE OF
  SECTION TWO HUNDRED THIRTY-ONE OF THE REAL PROPERTY  LAW,  THE  DISTRICT
  ATTORNEY HAVING JURISDICTION OVER SUCH PREMISES MAY INTERVENE AND APPEAR
  AS OF RIGHT IN SUCH PROCEEDING BY FILING A NOTICE OF APPEARANCE WITH THE
  COURT.
    S 2. This act shall take effect immediately.





   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD13316-01-1