Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer where such treble damages are unavailable to a person who, not having entered a lease or license for such real property with the rightful owner, enters onto real property or otherwise settles on land or occupies real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.
S T A T E O F N E W Y O R K
________________________________________________________________________
7774
2025-2026 Regular Sessions
I N A S S E M B L Y
April 10, 2025
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to providing an exclusion for treble damages in actions for
forcible or unlawful entry or detainer
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 853 of the real property actions and proceedings
law, as amended by chapter 467 of the laws of 1981, is amended to read
as follows:
§ 853. Action for forcible or unlawful entry or detainer; treble
damages. 1. If a person is disseized, ejected, or put out of real prop-
erty in a forcible or unlawful manner, or, after [he] SUCH PERSON has
been put out, is held and kept out by force or by putting [him] SUCH
PERSON in fear of personal violence or by unlawful means, [he] SUCH
PERSON is entitled to recover treble damages in an action therefor
against the wrong-doer.
2. FOR THE PURPOSES OF THIS SECTION, A "PERSON" SHALL NOT INCLUDE A
PERSON WHO, NOT HAVING ENTERED A LEASE OR LICENSE FOR SUCH REAL PROPERTY
WITH THE RIGHTFUL OWNER, ENTERS ONTO REAL PROPERTY OR OTHERWISE SETTLES
ON LAND OR OCCUPIES REAL PROPERTY WITHOUT TITLE, RIGHT, PERMISSION OF
THE RIGHTFUL OWNER, OR PAYMENT OF RENT ACCEPTED BY THE RIGHTFUL OWNER.
§ 2. This act shall take effect immediately and shall apply to actions
and proceedings commenced on or after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03687-01-5
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