NY State Senate Bill 2023-S9098

Senate Bill S9098

2023-2024 Legislative Session

Clarifies the definition of "tenant" to exclude squatters and makes provisions relating to recovery proceedings

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Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2024	referred to housing, construction and community development

co-Sponsors

2023-S9098 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §711, RPAP L

2023-S9098 (ACTIVE) - Summary

Extends the time period for tenancy rights from 30 days to 90 days of possession; clarifies the definition of "tenant" to not include squatters; requires the adjucation of certain recovery proceedings to occur within 30 days of the filing of the petition.

2023-S9098 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9098

SPONSOR: SEPULVEDA
 
PURPOSE:

Clarifies the definition of "tenant" in the real property actions and
proceeding law to exclude "squatters" and provides for expedited adjudi-
cation by the courts.

 
SUMMARY OF PROVISIONS:

Section one: The opening paragraph of section 711 of the real property
actions and proceedings law is amended to define the term "tenant" to
exclude "squatter." such tenant must have been in possession for ninety
consecutive days or longer.

Section two: Amends subdivision 1 of section 711 of the real property
actions and proceedings law to require that a court of competent juris-
diction adjudicate any proceeding related to this subdivision within
thirty days of filing a petition.

Section three: Provides for an effective date.

 
EXISTING LAW::

Section 711 of the real property actions and proceedings law.

 
JUSTIFICATION:

New York laws do not clearly differentiate between the term "tenant" and
"squatter." A tenant is someone who pays rent to a landlord and legally
resides on the property. While a squatter occupies a vacant building or
uninhabited land with limited rights to do so. In New York State if a
squatter has occupied property for at least 30 days, without legal
action being taken against them, they are considered a legal tenant. If
a squatter has lived and can provide proper proof of residence for ten
or more years on that property, an individual can occupy the residence
through adverse possession.

This legislation more clearly defines the term "squatter" in the real
property actions and proceeding law and allows for expedited judicial
review.

As New York continues to deal with a fluctuation housing market, espe-
cially after the COVID-19 pandemic, it is vital that squatters and
tenants be differentiated to avoid an influx of unlawful land possession
and conflicts with rightful property owners. Extending the time frame to
90 days and providing a definition to differentiate between tenants and
squatters allows for clarification for the court system and between
tenants, squatters, property owners.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2023-S9098 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9098
 
                             I N  S E N A T E
 
                              April 22, 2024
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, CANZONERI-FITZPATRICK -- 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, in
   relation to clarifying the definition of "tenant" to exclude squatters
   and makes provisions relating to recovery 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] NINETY  consec-
 utive days or longer. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION
 TO  THE  CONTRARY,  FOR THE PURPOSES OF THIS ARTICLE, A TENANT SHALL NOT
 INCLUDE A PERSON WHO ENTERS ONTO PROPERTY WITH THE INTENT  OF  SQUATTING
 ON  SUCH  PROPERTY OR WHO OTHERWISE SETTLES ON LAND OR OCCUPIES PROPERTY
 WITHOUT TITLE, RIGHT, PERMISSION OF THE RIGHTFUL OWNER,  OR  PAYMENT  OF
 RENT.  No  tenant  or  lawful occupant of a dwelling or housing accommo-
 dation shall be removed from possession except in a special  proceeding.
 A  special  proceeding  may  be  maintained  under this article upon the
 following grounds:
   § 2. Subdivision 1 of section 711 of the  real  property  actions  and
 proceedings  law,  as  amended  by  chapter  305 of the laws of 1963, is
 amended to read as follows:
   1. The tenant continues in possession of any portion of  the  premises
 after the expiration of his term, without the permission of the landlord
 or,  in a case where a new lessee is entitled to possession, without the
 permission of the new lessee. Acceptance of rent after  commencement  of
 the  special  proceeding  upon  this  ground  shall  not  terminate such
 proceeding nor effect any award of possession to the landlord or to  the
 new  lessee,  as  the  case  may  be.  A  proceeding  seeking to recover
 possession of real property by reason of the  termination  of  the  term
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15207-01-4
 S. 9098                             2
 
 fixed  in the lease pursuant to a provision contained therein giving the
 landlord the right to terminate the time fixed for occupancy under  such
 agreement  if  [he  deem]  SUCH LANDLORD DEEMS the tenant objectionable,
 shall  not  be  maintainable  unless  the  landlord  shall  by competent
 evidence establish to the satisfaction of the court that the  tenant  is
 objectionable. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO THE
 CONTRARY,  A  COURT  OF  COMPETENT  JURISDICTION  SHALL  ADJUDICATE  ANY
 PROCEEDING RELATED TO THIS SUBDIVISION WITHIN THIRTY DAYS OF THE  FILING
 OF A PETITION.
   § 3. This act shall take effect immediately.

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Senate Bill S9098

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Sponsored By

Luis R. Sepúlveda