Senate Bill S5940A

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

                                 5940--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                           September 27, 2013
                               ___________

Introduced  by  Sens.  MARCELLINO,  FLANAGAN  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  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 clarifying the definition of "tenant" to exclude squatters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  711 of the real property actions and proceedings
law, as added by chapter 312 of the laws of 1962,  the  section  heading
and  opening  paragraph  as  amended by chapter 739 of the laws of 1982,
subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivi-
sion 6 as added by chapter 699 of the laws of 1985, is amended  to  read
as follows:
  S  711.  Grounds  where  landlord-tenant relationship exists. 1. (A) A
tenant shall include an occupant of one or more rooms in a rooming house
or a resident, not including a transient occupant, of one or more  rooms
in  a  hotel  who  has been in possession for thirty consecutive days or
longer; he shall not be removed from  possession  except  in  a  special
proceeding.
  (B)  FOR  THE  PURPOSES  OF THIS ARTICLE, A TENANT SHALL NOT INCLUDE A
PERSON WHO ENTERS ONTO PROPERTY WITH THE  INTENT  OF  SQUATTING  ON  THE
PROPERTY  OR  OTHERWISE  SETTLES  ON  LAND  OR OCCUPIES PROPERTY WITHOUT
TITLE, RIGHT, PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT.
  2. A special proceeding may be maintained under this article upon  the
following grounds:
  [1.]  (A)  The  tenant  continues  in possession of any portion of the
premises after the expiration of his term, without the permission of the
landlord or, in a case where a new lessee  is  entitled  to  possession,
without  the  permission  of  the  new  lessee. Acceptance of rent after
commencement of the special proceeding upon this ground shall not termi-
nate such proceeding nor effect any award of possession to the  landlord
or  to  the  new  lessee,  as  the  case may be. A proceeding seeking to
recover possession of real property by reason of the termination of  the

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11833-02-3

S. 5940--A                          2

term fixed in the lease pursuant to a provision contained therein giving
the  landlord  the right to terminate the time fixed for occupancy under
such agreement if he deem the tenant objectionable, shall not  be  main-
tainable  unless  the  landlord shall by competent evidence establish to
the satisfaction of the court that the tenant is objectionable.
  [2.] (B) The tenant has defaulted in the payment of rent, pursuant  to
the  agreement  under  which  the premises are held, and a demand of the
rent has been made, or at least three days' notice in writing requiring,
in the alternative, the payment of the rent, or the  possession  of  the
premises,  has been served upon him as prescribed in section [735] SEVEN
HUNDRED THIRTY-FIVE OF THIS ARTICLE. The landlord may waive his right to
proceed upon this ground only by an express consent in writing to permit
the tenant to continue in possession, which consent shall  be  revocable
at  will, in which event the landlord shall be deemed to have waived his
right to summary dispossess for nonpayment of rent accruing  during  the
time said consent remains unrevoked.  Any person succeeding to the land-
lord's  interest  in the premises may proceed under this subdivision for
rent due his predecessor in interest if he has a right thereto. Where  a
tenant  dies during the term of the lease and rent due has not been paid
and no representative or person has taken possession of the premises and
no administrator or executor has been appointed, the proceeding  may  be
commenced  after  three  months  from the date of death of the tenant by
joining the surviving spouse or if  there  is  none,  then  one  of  the
surviving issue or if there is none, then any one of the distributees.
  [3.] (C) The tenant, in a city defaults in the payment, for sixty days
after  the  same shall be payable, of any taxes or assessments levied on
the premises which he has agreed in  writing  to  pay  pursuant  to  the
agreement  under  which  the premises are held, and a demand for payment
has been made, or at least three days' notice in writing,  requiring  in
the  alternative  the  payment  thereof  and of any interest and penalty
thereon, or the possession of the premises, has been served upon him, as
prescribed in section [735] SEVEN HUNDRED THIRTY-FIVE OF  THIS  ARTICLE.
An  acceptance  of  any  rent  shall not be construed as a waiver of the
agreement to pay taxes or assessments.
  [4.] (D) The tenant, under a lease for a term of three years or  less,
has  during  the  term taken the benefit of an insolvency statute or has
been adjudicated a bankrupt.
  [5.] (E) 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, or for any illegal trade  or  manufacture,  or
other illegal business.
  [6.]  (F)  The tenant, in a city having a population of one million or
more, removes the batteries or otherwise disconnects or makes inoperable
an installed smoke or fire detector which the tenant has  not  requested
be  moved  from  its location so as not to interfere with the reasonable
use of kitchen facilities provided that the court, upon complaint there-
of, has previously issued an order of violation of the provisions  here-
tofore stated and, subsequent to the thirtieth day after service of such
order  upon the tenant, an official inspection report by the appropriate
department of housing preservation  and  development  is  presented,  in
writing,  indicating non-compliance herewith; provided further, that the
tenant shall have the additional ten day period to cure  such  violation
in  accordance  with the provisions of subdivision four of section seven
hundred fifty-three of this [chapter] ARTICLE.
  S 2. This act shall take effect immediately.