Senate Bill S8995

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8995
 
                             I N  S E N A T E
 
                               April 8, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction and Community Development
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   penal law, in relation to clarifying the  definition  of  "tenant"  to
   exclude squatters; and to amend the administrative code of the city of
   New York, in relation to bona fide lease agreements and evictions
 
   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] SIXTY consec-
 utive days or longer.  No tenant or lawful occupant  of  a  dwelling  or
 housing  accommodation  shall  be  removed  from  possession except in a
 special proceeding. A special proceeding may be  maintained  under  this
 article upon the following grounds:
   §  2.  Section 711 of the real property actions and proceedings law is
 amended by adding a new subdivision 7 to read as follows:
   7. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, FOR THE PURPOSES  OF
 THIS  ARTICLE,  A TENANT SHALL NOT INCLUDE A PERSON WHO ENTERS ONTO REAL
 PROPERTY OR ENTERS A BUILDING WITH THE INTENT OF SQUATTING  THEREIN,  OR
 WITHOUT  TITLE,  RIGHT, AND PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT
 OF RENT TO THE RIGHTFUL OWNER PURSUANT TO A BONA FIDE LEASE AGREEMENT.
   § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
 chapter 176 of the laws of 2011, is amended to read as follows:
   (g) where the property consists of a right-of-way or yard of  a  rail-
 road  or  rapid transit railroad which has been designated and conspicu-
 ously posted as a no-trespass railroad zone; OR
   (H) WITH THE INTENT OF SQUATTING IN SUCH BUILDING OR  UPON  SUCH  REAL
 PROPERTY  OR  OTHERWISE  OCCUPIES SUCH BUILDING OR REAL PROPERTY WITHOUT
 TITLE, RIGHT, AND PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT  OF  RENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15043-01-4
 S. 8995                             2
 
 TO THE RIGHTFUL OWNER PURSUANT TO A BONA FIDE LEASE AGREEMENT; PROVIDED,
 HOWEVER,  THAT  IN ANY PROSECUTION UNDER THIS SUBDIVISION IT SHALL BE AN
 AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A TENANT AS DEFINED IN SECTION
 SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  4.  The opening paragraph of subdivision a of section 26-521 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   It  shall  be  unlawful for any person to evict or attempt to evict an
 occupant of a dwelling unit who has lawfully occupied the dwelling  unit
 for  thirty  consecutive  days  or longer or who has entered into a BONA
 FIDE lease AGREEMENT WITH THE RIGHTFUL OWNER with respect to such dwell-
 ing unit or has made a request for a lease for such dwelling unit pursu-
 ant to the hotel stabilization provisions of the rent stabilization  law
 except  to the extent permitted by law pursuant to a warrant of eviction
 or other order of a court of competent jurisdiction  or  a  governmental
 vacate order by:
   § 5. This act shall take effect immediately.