A08644 Summary:
| BILL NO | A08644 |
| SAME AS | No Same As |
| SPONSOR | Rosenthal |
| COSPNSR | |
| MLTSPNSR | |
| Amd §713, RPAP L | |
| Relates to grounds where no landlord-tenant relationship exists. | |
A08644 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to grounds where no landlord-tenant relationship exists PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to provide housing protection to an individual who legally occupies a premise for more than thirty days. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of this legislation amends subdivision 7 of Section 713 of the Real Property Actions and Proceedings Law (RPAPL). It clarifies and confirms that a residential occupant who has been in actual possession of the property for at least thirty days shall not be involuntarily deprived of possession except by a special proceeding under this section. This section also amends subdivision 10 of Section 713 of the Real Prop- erty Actions and Proceedings Law (RPAPL) by eliminating the need for a notice to quit if the occupant had no lawful right to remain in the property and the petitioner seeking removal of the occupant already possessed the property at the time the occupant began to reside in the property. Section 2 provides that the act shall take effect immediately. JUSTIFICATION: Under New York State law, people who have lived in a dwelling for more than 30 days cannot be evicted without court process. If such a party is deemed to be a licensee, they may be evicted by summary proceeding under section 731 of the RPAPL which is preceded by a Notice to Quit. Based on a misreading of case law, landlords have successfully argued that licen- sees can be locked out without court process. Many vulnerable residents of supportive housing or "3/4 houses" find themselves ejected without any court process. That is not the intent nor purpose of section 731 of the RPAPL. This legislation will clarify landlords and their attorneys may not lock out, without court process under section 731 of the RPAPL, residential occupants who have peaceably been in actual possession of the property for at least thirty days. Without this change, a residential occupant in lawful possession of the property for thirty days or more will continue to live under constant fear of being targeted by their landlord for eviction without due proc- ess. Housing is a basic human need and this clarification is important to ensure residential occupants are not improperly removed. PRIOR LEGISLATIVE HISTORY: NEW BILL. FISCAL IMPLICATIONS: None EFFECTIVE DATE: This act shall take effect immediately.