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

                                  3481

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens. VOLKER, MORAHAN, PADAVAN, SEWARD -- read twice and
  ordered printed, and when printed to be committed 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09367-01-9

S. 3481                             2
              

  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]
RENTED, OWNED OR SQUATTED UPON real property used or occupied  in  whole
or  in part [as a bawdy-house, or house or place of assignation for lewd
persons, or] for purposes of prostitution,  or  for  any  OTHER  illegal
trade,  ACTIVITY,  business or manufacture, [or any domestic corporation
organized for the suppression of vice, subject to or  which  submits  to
visitation  by  the  state department of social services and possesses a
certificate from such department of such fact  and  of  conformity  with
regulations  of the department]  OR ANY TENANT ORGANIZATION, BLOCK ASSO-
CIATION, OR SIMILAR INCORPORATED OR UNINCORPORATED COMMUNITY ASSOCIATION
WHICH IS ORGANIZED FOR THE  PRIMARY  PURPOSE  OF  PROMOTING  THE  PUBLIC
WELFARE  WITHIN  AN  AREA  ENCOMPASSING ONE THOUSAND FEET OF THE SUBJECT
REAL PROPERTY, or any duly authorized enforcement agency of the state or
of a subdivision thereof, under a duty to enforce the provisions of  the
penal  law  or of any state or local law, ordinance, code, rule or regu-
lation relating to buildings, may serve [personally] upon the  owner  or
landlord of the [premises] SUBJECT REAL PROPERTY so used or occupied, or
upon  his OR HER agent, a written notice requiring the owner or landlord
to make an application for the removal of the person so using or occupy-
ing the same. WITHIN TEN DAYS AFTER SERVICE OF SUCH NOTICE,  SUCH  OWNER
OR LANDLORD OR HIS AGENT MAY DEMAND, IN WRITING, THAT THE OWNER, TENANT,
ORGANIZATION,  ASSOCIATION,  OR  ENFORCEMENT  AGENCY  SERVING THE NOTICE
PROVIDE A WRITTEN STATEMENT PARTICULARIZING THE BASIS FOR  SUCH  NOTICE.
If the owner or landlord or his OR HER agent does not make such applica-
tion  FOR  REMOVAL  within [five] TEN days [thereafter] AFTER SERVICE OF
THE NOTICE, OR, IF A TIMELY DEMAND FOR A WRITTEN STATEMENT PARTICULARIZ-
ING THE BASIS FOR THE NOTICE IS MADE, WITHIN TEN DAYS AFTER  SERVICE  OF
SUCH  STATEMENT  UPON  THE  OWNER  OR  LANDLORD OR HIS OR HER AGENT; or,
having made [it] SUCH APPLICATION FOR REMOVAL, does not  in  good  faith
diligently prosecute it, the [person, corporation] OWNER, TENANT, ORGAN-
IZATION,  ASSOCIATION or  enforcement agency giving the notice may bring
a proceeding under this article for such removal as though the petition-
er were the owner or landlord of the [premises] SUBJECT  REAL  PROPERTY,
and shall have precedence over any similar proceeding thereafter brought
by  such  owner  or landlord or to one theretofore brought by him OR HER
and not prosecuted diligently and in good  faith.    Proof  of  the  ill
repute  of the [demised premises or of the inmates thereof] SUBJECT REAL
PROPERTY, ITS OCCUPANTS or of those resorting thereto  shall  constitute
presumptive  evidence of the unlawful use of [the demised premises] SUCH
REAL PROPERTY required to be stated in the petition for removal.   [Both
the  person in possession of the property and the] THE owner or landlord
OF THE REAL PROPERTY AND THE PERSON IN POSSESSION OF THE REAL  PROPERTY,
IF  KNOWN,  shall  be made respondents in the proceeding. ANY SERVICE OF
NOTICE OR DEMAND FOR A WRITTEN STATEMENT PARTICULARIZING THE  BASIS  FOR
SUCH NOTICE SHALL BE MADE IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIR-
TY-ONE OF THIS ARTICLE.
  S  3.  Subdivision  2  of section 715 of the real property actions and
proceedings law, as added by chapter 494 of the laws of 1976, is amended
to read as follows:
  2. For purposes of this section,  two  or  more  convictions  of  [any
person  or  persons  had,  within  a  period of one year, for any of the

S. 3481                             3

offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30  or
230.40  of  the  penal law arising out of conduct engaged in at the same
real property consisting of a dwelling as that term is defined in subdi-
vision  four  of  section  four  of  the  multiple dwelling law shall be
presumptive evidence of conduct constituting use  of  the  premises  for
purposes  of  prostitution] A TENANT OR OCCUPANT HAD, WITHIN A PERIOD OF
TWO YEARS, FOR ANY OF THE OFFENSES DESCRIBED  IN  ARTICLES  TWO  HUNDRED
TWENTY,  TWO HUNDRED TWENTY-ONE, TWO HUNDRED TWENTY-FIVE AND TWO HUNDRED
THIRTY OF THE PENAL LAW ARISING OUT  OF  CONDUCT  OCCURRING  WITHIN  ONE
THOUSAND  FEET  OF THE SUBJECT REAL PROPERTY, OR TWO OR MORE CONVICTIONS
OF ANY PERSON HAD, WITHIN A PERIOD OF ONE YEAR, FOR ANY OF THE  OFFENSES
DESCRIBED  IN  THE  FOREGOING  ARTICLES  OF THE PENAL LAW ARISING OUT OF
CONDUCT OCCURRING ON THE SUBJECT  REAL  PROPERTY  SHALL  BE  PRESUMPTIVE
EVIDENCE  OF UNLAWFUL USE OR OCCUPATION OF SUCH REAL PROPERTY AND OF THE
TENANT'S, OCCUPANT'S  AND OWNER'S OR LANDLORD'S KNOWLEDGE OF SUCH UNLAW-
FUL USE OR OCCUPATION.
  S 4. Subdivision 3 of section 715 of the  real  property  actions  and
proceedings  law is REPEALED, and subdivisions 4 and 5, as renumbered by
chapter 206 of the laws of 1980, are renumbered subdivisions 3 and 4.
  S 5. Subdivision 3 of section 231 of the real property law, as amended
by chapter 203 of the laws of 1980, is amended to read as follows:
  3. For the purposes of this section, two or more  convictions  of  any
person  or  persons  had,  within  a  period of one year, for any of the
offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30, or
230.40 of the penal law arising out of conduct [engaged] in,  at  OR  ON
the  [same]  SUBJECT  premises  consisting of a dwelling as that term is
defined in subdivision four of section four of the multiple dwelling law
shall be presumptive evidence of unlawful  use  OR  OCCUPATION  of  such
premises  and of the owners knowledge of [the same] SUCH UNLAWFUL USE OR
OCCUPATION.
  S 6. Subdivision 5 of section 231 of the real property law,  as  added
by chapter 203 of the laws of 1980, is amended to read as follows:
  5.  [The  attorney  general] ANY DULY AUTHORIZED ENFORCEMENT AGENCY OF
THE STATE OR OF ANY SUBDIVISION THEREOF, UNDER A  DUTY  TO  ENFORCE  THE
PROVISIONS  OF  THE  PENAL  LAW OR OF ANY STATE OR LOCAL LAW, ORDINANCE,
CODE, RULE OR REGULATIONS RELATING TO BUILDINGS, may commence an  action
or  proceeding  in the supreme court to PERMANENTLY enjoin the continued
UNLAWFUL USE OR OCCUPATION OF THE SUBJECT PREMISES OR ANY OTHER unlawful
trade, ACTIVITY, manufacture or business in, AT OR ON such premises  AND
TO SECURE A PERMANENT CLOSING ORDER OF THE SUBJECT PREMISES.
  S  7. Subdivisions 5 and 6 of section 231 of the real property law, as
added by chapter 206 of the  laws  of  1980,  are  amended  to  read  as
follows:
  [5.]  6.  For the purposes of this section, two or more convictions of
any person or persons had, within a period of one year, for any  of  the
offenses  described  in  section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40  of  the  penal  law,  arising  out  of
conduct [engaged] in, at OR ON the [same] SUBJECT premises consisting of
a  dwelling  as that term is defined in subdivision four of section four
of the multiple dwelling law shall be presumptive evidence  of  unlawful
use OR OCCUPATION of such premises and of the owner's AND TENANT'S know-
ledge of [the same] SUCH UNLAWFUL USE OR OCCUPATION.
  [6.]  7.  Any owner or tenant, including a tenant of one or more rooms
of an apartment house, tenement house or multiple dwelling of any  prem-
ises within [two hundred] ONE THOUSAND feet of the [demised real proper-
ty]  SUBJECT  PREMISES,  may commence an action or proceeding in supreme

S. 3481                             4

court to enjoin the continued unlawful USE OR OCCUPATION OF THE  SUBJECT
PREMISES  OR  ANY OTHER UNLAWFUL trade, ACTIVITY, manufacture or [other]
business in, AT OR ON such premises.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law.