New York State Assembly

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A06894 Summary:

BILL NO	A06894
SAME AS	SAME AS S05979
SPONSOR	Blumencranz
COSPNSR	Stern, Williams, Brook-Krasny, Pirozzolo, Chang, DeStefano, Darling, Durso, Tannousis, Morinello, Barclay, Gandolfo, Angelino, Blankenbush, Buttenschon, Vanel, Beephan, Giglio JA, Smith, Gray, Miller, Smullen, Ra, Simpson, Lemondes, Brown K, McGowan, Flood, Thiele, Hawley, Norris, Novakhov, Gunther, Sayegh, Tague, Walsh, Slater, Maher, Jensen, Palmesano, McDonough, Rozic, Brabenec, DiPietro, Bendett, Reilly, Mikulin
MLTSPNSR
Amd 711, RPAP L; amd 140.10, Pen L
Extends the time period for tenancy rights from 30 days to 45 days of possession; adds squatting to the definition of criminal trespass in the third degree.

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A06894 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6894
 
SPONSOR: Blumencranz

 
TITLE OF BILL:
 
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
 
 
PURPOSE:
 
This legislation would clarify the definition of tenant to exclude
squatters.
 
 
SUMMARY OF PROVISIONS:
 
Section 711 of the real property actions and proceedings law is amended
to clarify the definition of tenant to exclude squatters. For the
purposes of this article, a tenant shall not include a person who enters
onto a property with the intent of squatting on the property or other-
wise settles on land or occupies property without title, right, permis-
sion of the rightful owner or payment of rent.
 
Further adds occupying a building or real property without title, right,
permission of the rightful owner, and with the intent of squatting in
such building or real property, to the definition of criminal trespass
in the third degree.
 
 
JUSTIFICATION:
 
Under New York State law, squatters are classified as tenants and
receive temporary rights as such after living in a.property for a period
of 30 days. To reclaim property from a squatter after thirty days, an
owner must be able to prove a right to the property and proceed with
legal eviction proceedings. The special proceeding may give the owner an
order that a sheriff can then enforce to remove the squatter. The owner
may not remove the tenant himself.
 
As a by-product of the strained housing market, squatters are infiltrat-
ing neighborhoods. entering empty properties and abusing the loophole in
New York State law. This legislation will remove the protection granted
under current law and exclude squatters from the definition of tenant.
 
 
LEGISLATIVE HISTORY:
 
2022: S.7251 Referred to Housing, Construction and Community Development
 
2021: S.7251 Referred to Rules
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.

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