Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7791
SPONSOR: Stern TITLE OF BILL:
An act to amend the penal law, in relation to criminal trespass in the
third degree
PURPOSE OR GENERAL IDEA OF BILL:
Section 140.10 of the penal law defines the crime of criminal trespass
in the third degree. This bill clarifies that squatting also constitutes
the crime of criminal trespass in the third degree.
SUMMARY OF PROVISIONS:
Section 1: amends subdivision (g) of section 140.10 of the penal law and
adds a new subdivision (h). Under this section, the commission of the
crime of criminal trespass in the third degree also includes a person
not having entered a lease or license for such building or real property
with the rightful owner, enters or remains in such building or upon such
real property or otherwise occupies such building or real property with-
out title, right, permission of the rightful owner, or payment of rent
accepted by the rightful owner; provided, however, that in any prose-
cution under this statute 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.
Section 2: sets the effective date.
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 seek court intervention and 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 and
if an owner does, she would be liable under section 853 of the real
property actions and proceedings law.
As a by-product of the strained housing market and the extensive and
expensive process of eviction by court intervention, squatters are
infiltrating neighborhoods, entering empty properties and abusing the
loopholes in New York State law.
The right to exclude others from entering, and the right to direct
others to immediately vacate residential real property, are the most
important real property rights. Notoriously, existing remedies regarding
unauthorized persons who unlawfully remain on residential real property
are expensive, drawn out and fail to adequately protect the rights of
the property owner and fail to adequately discourage theft and vandal-
ism.
Therefore, the intent of this legislation is to establish and make clear
that squatting is a crime under the penal law.
PRIOR LEGISLATIVE HISTORY:
2024: A.9908 - referred to codes.
2024: A.9757 - referred to codes. Enacting clause stricken.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take, effect immediately.
