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Assembly Bill A9772

2023-2024 Legislative Session

Clarifies the status of squatters for purposes of removal proceedings

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Archive: Last Bill Status - In Assembly Committee

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2023-A9772 (ACTIVE) - Details

See Senate Version of this Bill:
S8996
Current Committee:
Assembly Housing
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §711, RPAP L

2023-A9772 (ACTIVE) - Summary

Clarifies that a squatter is not a tenant for purposes of removal proceedings.

2023-A9772 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9772
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by M. of A. KIM, LEE, ROZIC -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to clarifying the status of squatters for purposes of removal
   proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of section 711 of the  real  property
 actions and proceedings law, as amended by section 12 of part M of chap-
 ter 36 of the laws of 2019, is amended to read as follows:
   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.  No tenant or lawful occupant of a dwelling or housing accom-
 modation shall be removed from possession except in a  special  proceed-
 ing.   A TENANT SHALL NOT INCLUDE A SQUATTER. A SQUATTER IS A PERSON WHO
 ENTERS ONTO REAL PROPERTY OR ENTERS A BUILDING WITH THE INTENT OF SQUAT-
 TING THEREIN, AND RESIDES WITHOUT TITLE,  RIGHT  OR  PERMISSION  OF  THE
 OWNER OR OWNER'S AGENT OR A PERSON ENTITLED TO POSSESSION. A SQUATTER IS
 NOT  SOMEONE  WHO ENTERED THE PROPERTY WITH THE PERMISSION OF THE OWNER,
 OWNER'S AGENT OR A PERSON ENTITLED TO POSSESSION WHERE  SUCH  PERMISSION
 WAS  REVOKED.  A special proceeding may be maintained under this article
 upon the following grounds:
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15136-02-4

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