Senate Bill S5819

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5819
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  CANZONERI-FITZPATRICK, RHOADS -- 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 clarifying the definition of "tenant" and makes provisions
   relating to recovery proceedings
 
   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] NINETY  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.  Subdivision  1  of section 711 of the real property actions and
 proceedings law, as amended by chapter 305  of  the  laws  of  1963,  is
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10472-01-5
 S. 5819                             2
              

 
   1.  The  tenant continues in possession of any portion of the premises
 after the expiration of [his] SUCH TENANT'S term, without the permission
 of the landlord or, in  a  case  where  a  new  lessee  is  entitled  to
 possession, without the permission of the new lessee. Acceptance of rent
 after  commencement of the special proceeding upon this ground shall not
 terminate such proceeding nor effect any  award  of  possession  to  the
 landlord  or to the new lessee, as the case may be. A proceeding seeking
 to recover possession of real property by reason of the  termination  of
 the  term  fixed  in the lease pursuant to a provision contained therein
 giving the landlord the right to terminate the time fixed for  occupancy
 under  such agreement if [he deem] SUCH LANDLORD DEEMS the tenant objec-
 tionable, shall not be maintainable unless the landlord shall by  compe-
 tent evidence establish to the satisfaction of the court that the tenant
 is  objectionable. NOTWITHSTANDING ANY PROVISION OF LAW OR REGULATION TO
 THE CONTRARY, A COURT OF COMPETENT  JURISDICTION  SHALL  ADJUDICATE  ANY
 PROCEEDING  RELATED TO THIS SUBDIVISION WITHIN THIRTY DAYS OF THE FILING
 OF A PETITION.
   § 3. This act shall take effect immediately.