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Senate Bill S10229

2025-2026 Legislative Session

Establishes a process for when a tenant dies and leaves an apartment unoccupied

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

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2025-S10229 (ACTIVE) - Details

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

2025-S10229 (ACTIVE) - Summary

Establishes a process for when a tenant dies and leaves an apartment unoccupied, no representative or person has taken possession of the premises, no administrator or executor has been appointed, and more than sixty days have elapsed since the date of death, a summary proceeding under this article may be commenced against the public administrator seeking a possessory judgment.

2025-S10229 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10229
 
                             I N  S E N A T E
 
                                May 7, 2026
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 establishing a process for when a tenant dies  and  leaves
   an apartment unoccupied

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 711 of the real property  actions  and  proceedings
 law is amended by adding a new subdivision 7 to read as follows:
   7.  (A)  WHERE THE TENANT HAS DIED AND THE APARTMENT IS UNOCCUPIED, NO
 REPRESENTATIVE OR PERSON HAS TAKEN POSSESSION OF THE PREMISES, NO ADMIN-
 ISTRATOR OR EXECUTOR HAS BEEN APPOINTED, AND MORE THAN SIXTY  DAYS  HAVE
 ELAPSED SINCE THE DATE OF DEATH, A SUMMARY PROCEEDING UNDER THIS ARTICLE
 MAY  BE  COMMENCED AGAINST THE PUBLIC ADMINISTRATOR SEEKING A POSSESSORY
 JUDGMENT.
   (B) SHOULD A TENANT  OR  OCCUPANT  OF  THE  APARTMENT  APPEAR  IN  THE
 PROCEEDING,  THE  PROCEEDING  WILL  BE  DISMISSED. ENTRY OF ANY JUDGMENT
 AGAINST THE PUBLIC ADMINISTRATOR  SHALL  BE  WITHOUT  PREJUDICE  TO  THE
 POSSESSORY  CLAIMS  OF  AN OCCUPANT, AND ANY WARRANT ISSUED SHALL NOT BE
 EFFECTIVE AS AGAINST AN OCCUPANT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14854-01-6

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