senate Bill S6026

2011-2012 Legislative Session

Authorizes the district attorney to intervene in a proceeding brought by the owner of premises upon which the tenant's occupancy is illegal

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2012 referred to judiciary
delivered to assembly
passed senate
Mar 07, 2012 advanced to third reading
Mar 06, 2012 2nd report cal.
Mar 05, 2012 1st report cal.270
Jan 04, 2012 referred to housing, construction and community development

Votes

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Mar 5, 2012 - Housing, Construction and Community Development committee Vote

S6026
7
1
committee
7
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Housing, Construction and Community Development Committee Vote: Mar 5, 2012

nay (1)

S6026 - Bill Details

See Assembly Version of this Bill:
A8687
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง715, RPAP L

S6026 - Bill Texts

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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.

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BILL NUMBER:S6026

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.

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

                                  6026

                            I N  S E N A T E

                               (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

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