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Assembly Bill A5084

2017-2018 Legislative Session

Relates to grounds where no landlord-tenant relationship exists

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Archive: Last Bill Status - On Floor Calendar

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2017-A5084 (ACTIVE) - Details

Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §713, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8644
2019-2020: A661
2021-2022: A414
2023-2024: A1834
2025-2026: A1561

2017-A5084 (ACTIVE) - Summary

Relates to grounds where no landlord-tenant relationship exists.

2017-A5084 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5084
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to grounds where no landlord-tenant relationship exists
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 7 and 10 of section 713 of the  real  property
 actions  and  proceedings  law, subdivision 7 as added by chapter 312 of
 the laws of 1962 and subdivision 10 as amended by  chapter  467  of  the
 laws of 1981, are amended to read as follows:
   7. [He is a licensee of the person entitled to possession of the prop-
 erty at the time of the license, and (a) his license has expired, or (b)
 his  license has been revoked by the licensor, or (c) the licensor is no
 longer entitled to possession of the property;] THE PERSON IS  AN  OCCU-
 PANT  WHO ENTERED INTO POSSESSION OF THE PROPERTY LAWFULLY AND THE LEGAL
 BASIS FOR THE PERSON'S ENTITLEMENT TO POSSESSION  HAS  EXPIRED  OR  BEEN
 REVOKED;  provided,  however,  that  a mortgagee or vendee in possession
 shall not be deemed to be a licensee within the meaning of this subdivi-
 sion. A RESIDENTIAL OCCUPANT WHO HAS PEACEABLY BEEN IN ACTUAL POSSESSION
 OF THE PROPERTY FOR AT LEAST THIRTY  DAYS  SHALL  NOT  BE  INVOLUNTARILY
 DEPRIVED  OF  POSSESSION  EXCEPT  BY  A  SPECIAL  PROCEEDING  UNDER THIS
 SECTION.
   10. The person in possession has entered the property  or  remains  in
 possession  by  force  or  unlawful  means [and he or his predecessor in
 interest was not in quiet possession for three years before the time  of
 the  forcible  or  unlawful  entry  or  detainer] and the petitioner was
 peaceably in actual possession at the time of the forcible  or  unlawful
 entry  or  in  constructive  possession  at  the time of the forcible or
 unlawful detainer; no notice to quit shall be required in order to main-
 tain a proceeding under this subdivision.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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