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Senate Bill S10464

2025-2026 Legislative Session

Provides criteria for determining whether an individual is a transient occupant

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

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2025-S10464 (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-S10464 (ACTIVE) - Summary

Provides criteria for determining whether an individual is a transient occupant when determining whether a landlord-tenant relationship exists.

2025-S10464 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10464
 
                             I N  S E N A T E
 
                               May 15, 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 providing criteria for determining whether  an  individual
   is a transient occupant

   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 1 of part II of chap-
 ter 56 of the laws of 2024, 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 consecutive days
 or longer. FOR PURPOSES OF THIS SECTION, IN DETERMINING WHETHER A PERSON
 IS A TRANSIENT OCCUPANT, A COURT SHALL  CONSIDER  THE  TOTALITY  OF  THE
 CIRCUMSTANCES,  INCLUDING,  BUT  NOT  LIMITED TO, THE FOLLOWING FACTORS:
 WHETHER THE PERSON MAINTAINS A PRIMARY RESIDENCE  AT  ANOTHER  LOCATION;
 WHETHER  THE  PERSON MAINTAINS INDICIA OF RESIDENCE AT ANOTHER LOCATION,
 INCLUDING, BUT NOT LIMITED TO, RECEIVING MAIL  OR  MAINTAINING  OFFICIAL
 RECORDS,  INCLUDING  IDENTIFICATION, VOTER REGISTRATION, OR TAX FILINGS;
 THE LOCATION OF THE PERSON'S EMPLOYMENT OR PRINCIPAL PLACE OF  BUSINESS;
 THE  PURPOSE  OF  THE  HOTEL  STAY;  AND ANY OTHER INDICIA DEMONSTRATING
 WHETHER THE PREMISES ARE BEING USED  FOR  TEMPORARY  LODGING.  A  tenant
 shall not include a squatter. For the purposes of this section, a squat-
 ter  is  a person who enters onto or intrudes upon real property without
 the permission of the person entitled to possession,  and  continues  to
 occupy  the  property without title, right or permission of the owner or
 owner's agent or a person entitled to possession.  In  the  event  of  a
 conflict  between the provisions regarding squatters of this section and
 the provisions of subdivision three of section seven hundred thirteen of
 this article, the provisions of section seven hundred thirteen  of  this
 article shall be controlling. 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. This act shall take effect immediately.

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