Senate Bill S2366

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2366
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 and the
   penal law, in relation to clarifying the  definition  of  "tenant"  to
   exclude squatters; and to amend the administrative code of the city of
   New York, in relation to bona fide lease agreements and evictions
 
   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] SIXTY consec-
 utive days or longer. A tenant shall not include  a  squatter.  For  the
 purposes  of  this  section,  a  squatter is a person who enters onto or
 intrudes upon real property without the permission of the  person  enti-
 tled  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 regard-
 ing 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. Section 711 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 7 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06425-01-5
 S. 2366                             2
              

 
   7.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, FOR THE PURPOSES OF
 THIS ARTICLE, A TENANT SHALL NOT INCLUDE A PERSON WHO ENTERS  ONTO  REAL
 PROPERTY  OR  ENTERS A BUILDING WITH THE INTENT OF SQUATTING THEREIN, OR
 WITHOUT TITLE, RIGHT, AND PERMISSION OF THE RIGHTFUL OWNER,  OR  PAYMENT
 OF RENT TO THE RIGHTFUL OWNER PURSUANT TO A BONA FIDE LEASE AGREEMENT.
   § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
 chapter 176 of the laws of 2011, is amended to read as follows:
   (g)  where  the property consists of a right-of-way or yard of a rail-
 road or rapid transit railroad which has been designated  and  conspicu-
 ously posted as a no-trespass railroad zone; OR
   (H)  WITH  THE  INTENT OF SQUATTING IN SUCH BUILDING OR UPON SUCH REAL
 PROPERTY OR OTHERWISE OCCUPIES SUCH BUILDING OR  REAL  PROPERTY  WITHOUT
 TITLE,  RIGHT,  AND PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT
 TO THE RIGHTFUL OWNER PURSUANT TO A BONA FIDE LEASE AGREEMENT; PROVIDED,
 HOWEVER, THAT IN ANY PROSECUTION UNDER THIS SUBDIVISION IT SHALL  BE  AN
 AFFIRMATIVE DEFENSE THAT THE DEFENDANT IS A TENANT AS DEFINED IN SECTION
 SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
   §  4.  The opening paragraph of subdivision a of section 26-521 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   It  shall  be  unlawful for any person to evict or attempt to evict an
 occupant of a dwelling unit who has lawfully occupied the dwelling  unit
 for  thirty  consecutive  days  or longer or who has entered into a BONA
 FIDE lease AGREEMENT WITH THE RIGHTFUL OWNER with respect to such dwell-
 ing unit or has made a request for a lease for such dwelling unit pursu-
 ant to the hotel stabilization provisions of the rent stabilization  law
 except  to the extent permitted by law pursuant to a warrant of eviction
 or other order of a court of competent jurisdiction  or  a  governmental
 vacate order by:
   § 5. This act shall take effect immediately.