Amd SS711 & 715, rpld S715 sub 3, RPAP L; amd S231, RP L
Relates to the illegal occupancy of multiple dwellings by broadening present law to allow application to a wider range of illegal activities including but not limited to gambling, prostitution and illegal possession of a controlled substance or marijuana and allows a wider range of interested parties to begin eviction proceedings; also allows for the presumption of illegal occupancy of buildings based on prior criminal record.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1806
SPONSOR: Tenney (MS) TITLE OF BILL: An act to amend the real property actions and
proceedings law and the real property law, in relation to illegal occu-
pancy of certain premises; and to repeal subdivision 3 of section 715 of
the real property actions and proceedings law relating thereto
PURPOSE OR GENERAL IDEA OF BILL: This legislation would make it easier
to apply the "Bawdy House Law" in the fight against the illegal drug
trade.
SUMMARY OF SPECIFIC PROVISIONS: Amends Real Property Action and
Proceedings Law and Real Property Law to:
1. Add illegal drugs to the unlawful activities covered. Currently, the
statute provides that a tenant of a building that is within 200 feet of
a "bawdy house" -- essentially, the site of prostitution or gambling --
may give notice to the owner or landlord of the offending building
requiring action to remove the lawbreakers.
2. Expand the geographic limitation to 1,000 feet to address situations
such as where a single building nestled among abandoned buildings may be
the offending site.
3. Give the affected Borough President, Council Member, Community Board
District Manager, tenant organization, block association, or neighbor-
hood association the right to begin the proceedings.
JUSTIFICATION: Residents and community leaders in urban neighborhoods
often find it difficult to keep their communities safe from drug dealers
and other crime. Broadening the current Bawdy House Law will allow
application to a wider range of illegal activities, and enable a wider
range of interested parties to begin the proceedings.
PRIOR LEGISLATIVE HISTORY:
2005: A.1695 (similar) Died in Housing; 2004: A.6470(similar) Held in
Housing; 2006: A.9426 (similar), Died in Judiciary; 2007: A.6752 (simi-
lar), Referred to Judiciary; 2008: A.9525, Referred to Judiciary; 2009-
2010: A.7142, Held in Judiciary; 2011-2012: Held in Judiciary
FISCAL IMPLICATIONS FOR ST ATE AND LOCAL GOVERNMENTS: None
EFFECTIVE DATE: This Act shall take effect on the ninetieth day after
it shall have become a law.
