Senate Bill S1168

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1168
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 for a limited alternative remedy to remove unau-
   thorized persons from residential real property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The Legislature finds that
 the  right  to  exclude  others  from  entering, and the right to direct
 others to immediately vacate, residential real  property  are  the  most
 important  real  property  rights.  The  Legislature  further finds that
 existing remedies regarding unauthorized persons who  unlawfully  remain
 on  residential  real  property fail to adequately protect the rights of
 the property owner and fail to adequately discourage theft  and  vandal-
 ism.    The intent of this act is to quickly restore possession of resi-
 dential real property to the lawful owner of the property when the prop-
 erty is being unlawfully  occupied  and  to  thereby  preserve  property
 rights while limiting the opportunity for criminal activity.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 758 to read as follows:
   § 758. LIMITED ALTERNATIVE REMEDY TO REMOVE UNAUTHORIZED PERSONS  FROM
 RESIDENTIAL REAL PROPERTY. 1. A PROPERTY OWNER OR THEIR AUTHORIZED AGENT
 MAY REQUEST FROM A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
 OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, THE IMMEDIATE REMOVAL OF
 A PERSON OR PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING PURSUANT
 TO THIS SECTION IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
   (A) THE REQUESTING PERSON IS THE PROPERTY OWNER OR AUTHORIZED AGENT OF
 THE PROPERTY OWNER;
   (B) THE REAL PROPERTY THAT IS BEING OCCUPIED  INCLUDES  A  RESIDENTIAL
 DWELLING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03685-01-5
              

 S. 1168                             2
 
   (C)  AN  UNAUTHORIZED  PERSON  OR  PERSONS HAVE UNLAWFULLY ENTERED AND
 REMAIN OR CONTINUE TO RESIDE ON THE PROPERTY OWNER'S PROPERTY;
   (D)  THE  REAL  PROPERTY  WAS NOT OPEN TO MEMBERS OF THE PUBLIC AT THE
 TIME THE UNAUTHORIZED PERSON OR PERSONS ENTERED;
   (E) THE PROPERTY OWNER HAS DIRECTED THE UNAUTHORIZED PERSON  TO  LEAVE
 THE PROPERTY;
   (F)  THE  UNAUTHORIZED  PERSON  OR  PERSONS  ARE NOT CURRENT OR FORMER
 TENANTS PURSUANT TO A WRITTEN OR ORAL RENTAL AGREEMENT AUTHORIZED BY THE
 PROPERTY OWNER;
   (G) THE UNAUTHORIZED  PERSON  OR  PERSONS  ARE  NOT  IMMEDIATE  FAMILY
 MEMBERS OF THE PROPERTY OWNER; AND
   (H)  THERE  IS  NO  PENDING  LITIGATION  RELATED  TO THE REAL PROPERTY
 BETWEEN THE PROPERTY OWNER AND ANY KNOWN UNAUTHORIZED PERSON.
   2. TO REQUEST THE IMMEDIATE REMOVAL OF AN UNLAWFUL OCCUPANT OF A RESI-
 DENTIAL DWELLING, THE PROPERTY OWNER OR  THEIR  AUTHORIZED  AGENT  SHALL
 SUBMIT A COMPLAINT BY PRESENTING A COMPLETED COMPLAINT TO REMOVE PERSONS
 UNLAWFULLY  OCCUPYING  RESIDENTIAL  REAL PROPERTY TO A POLICE OFFICER IN
 THE COUNTY  IN  WHICH  THE  REAL  PROPERTY  IS  LOCATED.  THE  SUBMITTED
 COMPLAINT MUST BE IN SUBSTANTIALLY THE FOLLOWING FORM:
    "COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL
                                 PROPERTY
   I,  THE  OWNER  OR  AUTHORIZED AGENT OF THE OWNER OF THE REAL PROPERTY
 LOCATED AT ____________________________________, NEW YORK, DECLARE UNDER
 THE PENALTY OF PERJURY THAT (INITIAL EACH BOX):
   1.    I AM THE OWNER OF THE REAL PROPERTY OR THE AUTHORIZED  AGENT  OF
 THE OWNER OF THE REAL PROPERTY.
   2.    I PURCHASED THE PROPERTY ON __________________________.
   3.    THE REAL PROPERTY IS A RESIDENTIAL DWELLING.
   4.      AN  UNAUTHORIZED PERSON OR PERSONS HAVE UNLAWFULLY ENTERED AND
 ARE REMAINING OR RESIDING UNLAWFULLY ON THE REAL PROPERTY.
   5.    THE REAL PROPERTY WAS NOT OPEN TO MEMBERS OF THE PUBLIC  AT  THE
 TIME THE UNAUTHORIZED PERSON OR PERSONS ENTERED.
   6.     I HAVE DIRECTED THE UNAUTHORIZED PERSON OR PERSONS TO LEAVE THE
 REAL PROPERTY, BUT THEY HAVE NOT DONE SO.
   7.    THE PERSON OR PERSONS ARE NOT CURRENT OR FORMER TENANTS PURSUANT
 TO ANY VALID LEASE AUTHORIZED BY THE PROPERTY OWNER, AND ANY LEASE  THAT
 MAY BE PRODUCED BY AN OCCUPANT IS FRAUDULENT.
   8.     THE UNAUTHORIZED PERSON OR PERSONS SOUGHT TO BE REMOVED ARE NOT
 AN OWNER OR A CO-OWNER OF THE PROPERTY AND HAVE NOT BEEN LISTED  ON  THE
 TITLE TO THE PROPERTY UNLESS THE PERSON OR PERSONS HAVE ENGAGED IN TITLE
 FRAUD.
   9.      THE  UNAUTHORIZED  PERSON  OR PERSONS ARE NOT IMMEDIATE FAMILY
 MEMBERS OF THE PROPERTY OWNER.
   10.    THERE IS NO LITIGATION RELATED TO  THE  REAL  PROPERTY  PENDING
 BETWEEN THE PROPERTY OWNER AND ANY PERSON SOUGHT TO BE REMOVED.
   11.    I UNDERSTAND THAT A PERSON OR PERSONS REMOVED FROM THE PROPERTY
 PURSUANT  TO  THIS  PROCEDURE MAY BRING A CAUSE OF ACTION AGAINST ME FOR
 ANY FALSE STATEMENTS MADE IN THIS COMPLAINT,  OR  FOR  WRONGFULLY  USING
 THIS PROCEDURE, AND THAT AS A RESULT OF SUCH ACTION I MAY BE HELD LIABLE
 FOR ACTUAL DAMAGES, PENALTIES, COSTS, AND REASONABLE ATTORNEY FEES.
   12.     I AM REQUESTING THE POLICE TO IMMEDIATELY REMOVE THE UNAUTHOR-
 IZED PERSON OR PERSONS FROM THE RESIDENTIAL PROPERTY.
   13.      A  COPY  OF  MY  VALID  GOVERNMENT-ISSUED  IDENTIFICATION  IS
 ATTACHED, OR I AM AN AGENT OF THE PROPERTY OWNER, AND DOCUMENTS EVIDENC-
 ING MY AUTHORITY TO ACT ON THE PROPERTY OWNER'S BEHALF ARE ATTACHED.
 S. 1168                             3
 
   I  HAVE  READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT
 IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETI-
 TION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED  IN
 NEW YORK LAW.
 
   (SIGNATURE OF PROPERTY OWNER OR AGENT OF OWNER)"
 
   3. UPON RECEIPT OF THE COMPLAINT, THE POLICE OFFICER SHALL VERIFY THAT
 THE  PERSON  SUBMITTING  THE  COMPLAINT  IS THE RECORD OWNER OF THE REAL
 PROPERTY OR THE AUTHORIZED AGENT OF  THE  OWNER  AND  APPEARS  OTHERWISE
 ENTITLED  TO  RELIEF UNDER THIS SECTION. IF VERIFIED, THE POLICE OFFICER
 SHALL, WITHOUT DELAY, SERVE A NOTICE TO IMMEDIATELY VACATE  ON  ALL  THE
 UNLAWFUL  OCCUPANTS  AND  SHALL  PUT THE OWNER IN POSSESSION OF THE REAL
 PROPERTY. SERVICE MAY BE ACCOMPLISHED BY HAND DELIVERY OF THE NOTICE  TO
 AN  OCCUPANT  OR  BY POSTING THE NOTICE ON THE FRONT DOOR OR ENTRANCE OF
 THE DWELLING. THE POLICE OFFICER SHALL ALSO ATTEMPT TO VERIFY THE  IDEN-
 TITIES  OF ALL PERSONS OCCUPYING THE DWELLING AND NOTE THE IDENTITIES ON
 THE RETURN OF SERVICE. IF APPROPRIATE, THE POLICE OFFICER MAY ARREST ANY
 PERSON FOUND IN THE DWELLING FOR TRESPASS, OUTSTANDING WARRANTS, OR  ANY
 OTHER LEGAL CAUSE.
   4.  AFTER  A POLICE OFFICER SERVES A NOTICE TO IMMEDIATELY VACATE, THE
 PROPERTY OWNER OR AUTHORIZED AGENT MAY REQUEST THAT THE  POLICE  OFFICER
 STAND  BY  TO  KEEP  THE  PEACE WHILE THE PROPERTY OWNER OR AGENT OF THE
 OWNER CHANGES THE LOCKS AND REMOVES THE PERSONAL PROPERTY OF THE  UNLAW-
 FUL  OCCUPANTS FROM THE PREMISES TO OR NEAR OR OVER THE PROPERTY LINE. A
 POLICE OFFICER IS NOT LIABLE TO THE UNLAWFUL OCCUPANT OR ANY OTHER PARTY
 FOR LOSS, DESTRUCTION, OR DAMAGE OF  PROPERTY.  THE  PROPERTY  OWNER  OR
 THEIR  AUTHORIZED  AGENT  IS  NOT  LIABLE TO AN UNLAWFUL OCCUPANT OR ANY
 OTHER PARTY FOR THE LOSS, DESTRUCTION, OR DAMAGE TO THE PERSONAL PROPER-
 TY UNLESS SUCH REMOVAL WAS WRONGFUL.
   5. A PERSON MAY BRING A CIVIL CAUSE OF  ACTION  FOR  WRONGFUL  REMOVAL
 UNDER  THIS  SECTION.  A  PERSON HARMED BY A WRONGFUL REMOVAL UNDER THIS
 SECTION MAY BE RESTORED TO POSSESSION  OF  THE  REAL  PROPERTY  AND  MAY
 RECOVER  ACTUAL  COSTS  AND DAMAGES INCURRED, STATUTORY DAMAGES EQUAL TO
 TRIPLE THE FAIR MARKET RENT OF THE DWELLING, COURT COSTS, AND REASONABLE
 ATTORNEY FEES.  THE COURT SHALL ADVANCE THE CAUSE ON THE CALENDAR.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT  LIMIT  THE  RIGHTS  OF  A
 PROPERTY  OWNER  OR LIMIT THE AUTHORITY OF A POLICE OFFICER TO ARREST AN
 UNLAWFUL OCCUPANT FOR TRESPASSING, VANDALISM, THEFT, OR OTHER CRIME.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.