S T A T E O F N E W Y O R K
________________________________________________________________________
7716
2009-2010 Regular Sessions
I N A S S E M B L Y
April 22, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred 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
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.
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07927-02-9
A. 7716 2
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 agent, a written notice requiring the owner or landlord to make
an application for the removal of the person so using or occupying the
same. WITHIN TEN DAYS AFTER SERVICE OF SUCH NOTICE, SUCH OWNER OR LAND-
LORD OR HIS AGENT MAY DEMAND, IN WRITING, THAT THE OWNER, TENANT, ORGAN-
IZATION, ASSOCIATION, OR ENFORCEMENT AGENCY SERVING THE NOTICE PROVIDE A
WRITTEN STATEMENT PARTICULARIZING THE BASIS FOR SUCH NOTICE. If the
owner or landlord or his agent does not make such application FOR
REMOVAL within [five] TEN days [thereafter] AFTER SERVICE OF THE NOTICE,
OR, IF A TIMELY DEMAND FOR A WRITTEN STATEMENT PARTICULARIZING THE BASIS
FOR THE NOTICE IS MADE, WITHIN TEN DAYS AFTER SERVICE OF SUCH STATEMENT
UPON THE OWNER OR LANDLORD OR HIS AGENT; or, having made [it] SUCH
APPLICATION FOR REMOVAL, does not in good faith diligently prosecute it,
the [person, corporation] OWNER, TENANT, ORGANIZATION, ASSOCIATION or
enforcement agency giving the notice may bring a proceeding under this
article for such removal as though the petitioner were the owner or
landlord of the [premises] SUBJECT REAL PROPERTY, and shall have preced-
ence over any similar proceeding thereafter brought by such owner or
landlord or to one theretofore brought by him and not prosecuted dili-
gently and in good faith. Proof of the ill repute of the [demised prem-
ises 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 THIRTY-ONE OF THIS ARTI-
CLE.
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
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-
A. 7716 3
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. Subdivisions 3, 4 and 5 of section 715 of the real property
actions and proceedings law, subdivision 3 as added and subdivisions 4
and 5 as renumbered by chapter 206 of the laws of 1980, subdivision 4 as
added by chapter 494 of the laws of 1976 and subdivision 5 as added by
chapter 627 of the laws of 1978, are 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 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 the same 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 of such prem-
ises and of the owner's knowledge of the same.
4.] A court granting a petition pursuant to this section may, in
addition to any other order provided by law, make an order imposing and
requiring the payment by the respondent of a civil penalty not exceeding
[five] TEN thousand dollars to the municipality in which the subject
premises is located and, the payment of reasonable attorneys fees and
the costs of the proceeding to the petitioner. In any such case multi-
ple respondents shall be jointly and severally liable for any payment so
ordered and the amounts of such payments shall constitute a lien upon
the subject realty.
[5.] 4. For the purposes of a proceeding under this section, an
enforcement agency of the state or of a subdivision thereof, which may
commence a proceeding under this section, may subpoena witnesses, compel
their attendance, examine them under oath before himself or a court and
require that any books, records, documents or papers relevant or materi-
al to the inquiry be turned over to him for inspection, examination or
audit, pursuant to the civil practice law and rules. If a person
subpoenaed to attend upon such inquiry fails to obey the command of a
subpoena without reasonable cause, or if a person in attendance upon
such inquiry shall, without reasonable cause, refuse to be sworn or to
be examined or to answer a question or to produce a book or paper, when
ordered to do so by the officer conducting such inquiry, he shall be
guilty of a class B misdemeanor.
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
A. 7716 4
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
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 first of November next succeed-
ing the date on which it shall have become a law.