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.
Ayes (51): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (7): Adams, Diaz, Dilan, Krueger, Parker, Rivera, Serrano
Excused (3): Duane, Marcellino, Perkins
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.
STATE OF NEW YORK ________________________________________________________________________ 6026 IN 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