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Assembly Bill A414

2021-2022 Legislative Session

Relates to grounds where no landlord-tenant relationship exists

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Archive: Last Bill Status - In Assembly Committee

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2021-A414 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §713, RPAP L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8644
2017-2018: A5084
2019-2020: A661
2023-2024: A1834
2025-2026: A1561

2021-A414 (ACTIVE) - Summary

Relates to grounds where no landlord-tenant relationship exists.

2021-A414 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    414
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. L. ROSENTHAL, WALKER -- 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 his license has been revoked by the licensor, or (c) the licensor is  no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 BASIS  FOR  THE  PERSON'S  ENTITLEMENT TO POSSESSION HAS EXPIRED OR BEEN
 REVOKED; provided, however, that a mortgagee  or  vendee  in  possession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.

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