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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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Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

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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
Versions Introduced in 2025-2026 Legislative Session:
S5819

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 adjudication of certain recovery proceedings to occur within 30 days of the filing of the petition.

2023-S9098 (ACTIVE) - Sponsor Memo

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.

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