Senate Bill S8867

2023-2024 Legislative Session

Provides for a limited alternative remedy to remove unauthorized persons from residential real property

download bill text pdf

Sponsored By

Current 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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2023-S8867 (ACTIVE) - Details

See Assembly Version of this Bill:
A9907
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §758, RPAP L

2023-S8867 (ACTIVE) - Summary

Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.

2023-S8867 (ACTIVE) - Sponsor Memo

2023-S8867 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8867
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 providing for a limited alternative remedy to remove unau-
   thorized persons from residential real property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The Legislature finds that
 the  right  to  exclude  others  from  entering, and the right to direct
 others to immediately vacate, residential real  property  are  the  most
 important  real  property  rights.  The  Legislature  further finds that
 existing remedies regarding unauthorized persons who  unlawfully  remain
 on  residential  real  property fail to adequately protect the rights of
 the property owner and fail to adequately discourage theft  and  vandal-
 ism.    The intent of this act is to quickly restore possession of resi-
 dential real property to the lawful owner of the property when the prop-
 erty is being unlawfully  occupied  and  to  thereby  preserve  property
 rights while limiting the opportunity for criminal activity.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 758 to read as follows:
   § 758. LIMITED ALTERNATIVE REMEDY TO REMOVE UNAUTHORIZED PERSONS  FROM
 RESIDENTIAL REAL PROPERTY. 1. A PROPERTY OWNER OR THEIR AUTHORIZED AGENT
 MAY REQUEST FROM A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
 OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, THE IMMEDIATE REMOVAL OF
 A PERSON OR PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING PURSUANT
 TO THIS SECTION IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
   (A) THE REQUESTING PERSON IS THE PROPERTY OWNER OR AUTHORIZED AGENT OF
 THE PROPERTY OWNER;
   (B) THE REAL PROPERTY THAT IS BEING OCCUPIED  INCLUDES  A  RESIDENTIAL
 DWELLING;
   (C)  AN  UNAUTHORIZED  PERSON  OR  PERSONS HAVE UNLAWFULLY ENTERED AND
 REMAIN OR CONTINUE TO RESIDE ON THE PROPERTY OWNER'S PROPERTY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14650-01-4
              

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