senate Bill S5940A

2013-2014 Legislative Session

Clarifies the definition of tenant to exclude squatters

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to housing, construction and community development
Nov 20, 2013 print number 5940a
amend and recommit to rules
Sep 27, 2013 referred to rules

S5940 - Details

Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §711, RPAP L

S5940 - Summary

Clarifies the definition of "tenant" to exclude squatters.

S5940 - Sponsor Memo

S5940 - Bill Text download pdf

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

                                  5940

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                           September 27, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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 amended 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, 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11833-01-3

Co-Sponsors

S5940A (ACTIVE) - Details

Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §711, RPAP L

S5940A (ACTIVE) - Summary

Clarifies the definition of "tenant" to exclude squatters.

S5940A (ACTIVE) - Sponsor Memo

S5940A (ACTIVE) - Bill Text download pdf

                    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

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