| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to housing, construction and community development |
| May 07, 2009 |
print number 3086a |
| May 07, 2009 |
amend and recommit to codes |
| May 05, 2009 |
reported and committed to codes |
| Mar 10, 2009 |
referred to judiciary |
Senate Bill S3086
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
Actions
Bill Amendments
2009-S3086 - Details
- Current Committee:
- Senate Housing, Construction And Community Development
2009-S3086 - Summary
Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity by explicitly allowing an eviction for such gambling or drug activity; includes illegal gambling or drug related activity which occurs within 1000 feet of such dwelling.
2009-S3086 - Sponsor Memo
BILL NUMBER: S3086
TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to grounds for the removal of a tenant from a dwelling when
landlord-tenant relationship exists
PURPOSE OR GENERAL IDEA OF BILL :
To make it easier for an eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug-related activity.
SUMMARY OF SPECIFIC PROVISIONS :
Amends Section 711(5) of the Real Property Actions and Proceedings Law
clarifying grounds for eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug related activity.
JUSTIFICATION :
Section 711 of the Real Property Actions and Proceedings Law outlines
grounds for a landlord to evict a tenant. Section 711(5) allows a
landlord to evict a tenant if the premises, or any part thereof, are
used or occupied as a bawdy-house, or house or place of assignation
for lewd purposes, or for the purpose of prostitution or for any
illegal trade or manufacture or other illegal business.
This bill would clarify the eviction statute by explicitly allowing an
eviction for gambling or drug activity. The bill also provides an
2009-S3086A (ACTIVE) - Details
- Current Committee:
- Senate Housing, Construction And Community Development
2009-S3086A (ACTIVE) - Summary
Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity by explicitly allowing an eviction for such gambling or drug activity; includes illegal gambling or drug related activity which occurs within 1000 feet of such dwelling.
2009-S3086A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3086A
TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to grounds for the removal of a tenant from a dwelling when
landlord-tenant relationship exists
PURPOSE OR GENERAL IDEA OF BILL :
To make it easier for an eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug-related activity.
SUMMARY OF SPECIFIC PROVISIONS :
Amends Section 711(5) of the Real Property Actions and Proceedings Law
clarifying grounds for eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug related activity.
JUSTIFICATION :
Section 711 of the Real Property Actions and Proceedings Law outlines
grounds for a landlord to evict a tenant. Section 711(5) allows a
landlord to evict a tenant if the premises, or any part thereof, are
used or occupied as a bawdy-house, or house or place of assignation
for lewd purposes, or for the purpose of prostitution or for any
illegal trade or manufacture or other illegal business.
This bill would clarify the eviction statute by explicitly allowing an
2009-S3086A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3086--A
2009-2010 Regular Sessions
I N S E N A T E
March 10, 2009
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- reported
favorably from said committee and committed to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the real property actions and proceedings law, in
relation to grounds for the removal of a tenant from a dwelling when
landlord-tenant relationship exists
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 OR ILLEGAL SALE OR POSSESSION
OF A CONTROLLED SUBSTANCE OR MARIHUANA, or for any illegal trade or
manufacture, or other illegal business. FOR PURPOSES OF THIS SUBDIVI-
SION, TWO OR MORE CONVICTIONS OF ANY TENANT, WITHIN A PERIOD OF ONE
YEAR, FOR ANY OF THE OFFENSES DESCRIBED IN ARTICLE TWO HUNDRED TWENTY OR
TWO HUNDRED TWENTY-ONE OF THE PENAL LAW OR SECTION 225.00, 225.05,
225.10, 225.15, 225.20, 225.30, 225.32, 225.35, 225.40, 230.00, 230.05,
230.20, 230.25, 230.30 OR 230.40 OF THE PENAL LAW ARISING OUT OF CONDUCT
ENGAGED IN BY SUCH TENANT AT THE SAME REAL PROPERTY CONSISTING OF A
DWELLING AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR OF
THE MULTIPLE DWELLING LAW OR WITHIN ONE THOUSAND FEET OF SUCH DWELLING
SHALL BE PRESUMPTIVE EVIDENCE OF CONDUCT CONSTITUTING USE OF THE PREM-
ISES FOR PURPOSES OF PROSTITUTION, ILLEGAL GAMBLING OR ILLEGAL SALE OR
POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04125-02-9
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