Assembly Bill A10355

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10355
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. B. Miller)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  establishing expedited eviction proceedings for residen-
   tial dwellings in which the owner and a  lodger  reside  in  the  same
   dwelling

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 712 to read as follows:
   § 712. GROUNDS AND PROCEDURE WHERE A LODGER AND OWNER  RESIDE  IN  THE
 SAME  SINGLE-FAMILY  DWELLING.  1.  FOR  THE PURPOSES OF THIS SECTION, A
 "LODGER" SHALL MEAN AN INDIVIDUAL WHO RESIDES IN ONE OR MORE ROOMS IN  A
 SINGLE-FAMILY  RESIDENTIAL  DWELLING,  OR AN ATTACHED ACCESSORY DWELLING
 UNIT OF A PROPERTY, IN WHICH THE OWNER RESIDES,  WHERE  SUCH  INDIVIDUAL
 HAS  RESIDED  FOR  THIRTY  CONSECUTIVE DAYS OR LONGER, AND WHERE A LAND-
 LORD-TENANT RELATIONSHIP EXISTS BETWEEN SUCH INDIVIDUAL AND SUCH OWNER.
   2. NO LODGER SHALL BE REMOVED FROM  POSSESSION  EXCEPT  IN  A  SPECIAL
 PROCEEDING.  A  SPECIAL  PROCEEDING FOR REMOVAL OF A LODGER MAY BE MAIN-
 TAINED UNDER THIS ARTICLE UPON THE FOLLOWING GROUNDS:
   (A) THE LODGER CONTINUES IN POSSESSION OF ANY PORTION OF THE  DWELLING
 AFTER  THE EXPIRATION OF THEIR TERM, WITHOUT THE PERMISSION OF THE LAND-
 LORD, OR, IN A CASE WHERE A NEW LODGER IS ENTITLED TO POSSESSION,  WITH-
 OUT  THE  PERMISSION  OF  SUCH  NEW  LODGER.  ACCEPTANCE  OF  RENT AFTER
 COMMENCEMENT OF THE SPECIAL PROCEEDING  UNDER  THIS  SECTION  SHALL  NOT
 TERMINATE  SUCH  PROCEEDING  NOR  AFFECT  ANY AWARD OF POSSESSION TO THE
 OWNER OR TO A NEW LODGER;
   (B) THE LODGER HAS DEFAULTED IN THE PAYMENT OF RENT, PURSUANT  TO  THE
 AGREEMENT  UNDER WHICH SUCH LODGER MAINTAINS OCCUPANCY OF SUCH DWELLING,
 AND A WRITTEN DEMAND OF SUCH RENT HAS BEEN MADE; OR
   (C) THE PREMISES, OR ANY PART THEREOF, IS USED OR OCCUPIED AS A  PLACE
 OF ASSIGNATION FOR LEWD PERSONS, OR FOR THE PURPOSES OF PROSTITUTION, OR
 ANY ILLEGAL TRADE OR MANUFACTURE, OR OTHER ILLEGAL BUSINESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14736-01-2
              

 A. 10355                            2
 
   3.  A  COURT  GRANTING A PETITION PURSUANT TO THIS SECTION MAY, IN ITS
 DISCRETION, ISSUE AN ORDER PROVIDING FOR EXPEDITIOUS  REVIEW  AND  JUDG-
 MENT,  FORGOING  ANY TIME REQUIREMENTS ESTABLISHED THROUGHOUT THIS ARTI-
 CLE. IF SUCH ORDER IS ISSUED, THE COURT SHALL REASONABLY  ESTABLISH  NEW
 TIME  REQUIREMENTS  AND PROVIDE NOTICE OF SUCH TIME REQUIREMENTS TO EACH
 INVOLVED PARTY.
   4. UPON RENDERING  A  FINAL  JUDGMENT  FOR  A  PETITIONER  UNDER  THIS
 SECTION,  THE COURT SHALL ISSUE A WARRANT DIRECTED TO THE SHERIFF OF THE
 COUNTY OR TO ANY CONSTABLE OR MARSHAL OF THE CITY, TOWN, OR  VILLAGE  IN
 WHICH  THE  PROPERTY  OR  A  PORTION  THEREOF IS SITUATED, INCLUDING THE
 EARLIEST DATE UPON WHICH EXECUTION OF SUCH WARRANT SHALL OCCUR  PURSUANT
 TO  THE  ORDER  OF  THE  COURT, AND DIRECTING SUCH SHERIFF TO REMOVE ALL
 PERSONS NAMED IN THE PROCEEDING, PROVIDED THAT, UPON A SHOWING  OF  GOOD
 CAUSE,  THE  COURT  MAY ISSUE A STAY OF RE-LETTING OR RENOVATION OF SUCH
 PREMISES FOR A REASONABLE PERIOD OF TIME.
   (A) IF A WARRANT IS ISSUED AS A RESULT OF A SPECIAL PROCEEDING  PURSU-
 ANT  TO  THIS  SECTION  THE  COURT SHALL ISSUE AN EXECUTION DATE OF SUCH
 WARRANT WHICH MAY BE WITHIN ONE WEEK OF THE NOTICE OF JUDGMENT.
   (B) THE OFFICER TO WHOM THE WARRANT IS DIRECTED  AND  DELIVERED  SHALL
 PROVIDE WRITTEN NOTICE TO THE PERSON OR PERSONS TO BE EVICTED OR DISPOS-
 SESSED  AND  SHALL  EXECUTE  SUCH  WARRANT ON A BUSINESS DAY BETWEEN THE
 HOURS OF SUNRISE AND SUNSET.
   § 2. This act shall take effect immediately.