Amd 711, RPAP L; amd 140.10, Pen L; amd 26-521, NYC Ad Cd
Excludes squatters from tenant protections; extends the time period for tenancy rights from 30 days to 60 days of possession; adds squatting to the definition of criminal trespass in the third degree; clarifies lease provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9897
SPONSOR: Tannousis 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; and to amend the administrative code of the city of
New York, in relation to bona fide lease agreements and evictions
SUMMARY OF PROVISIONS:
Section 1. Amends the opening paragraph of section 711 of the real prop-
erty actions and proceedings law, extending the necessary tenant occu-
pancy of one or more hotel rooms to sixty consecutive days or longer.
Section 2. Amends section 711 by adding a new subdivision that ensures
that a "tenant", as defined by law, shall not include a person who
enters onto a property or building without any right or permission to do
so.
Section 3. Amends the penal law to forbid criminal trespassing on real
property or any building with the intent to squat and without title,
right, and permission from the rightful owner. Concurrently, this
section protects tenants as defined in real property actions and
proceedings law.
Section 4. Amends the opening paragraph of subdivision (a), section
26-521, of the administrative code of New York City to protect those who
have entered into a bona fide lease agreement with a rightful owner of
property from being unlawfully evicted from a dwelling they lawfully
occupy.
Section 5. This act shall take effect immediately.
JUSTIFICATION:
Squatting undermines the property owner's right to private ownership and
makes it difficult for owners to fulfill their responsibility of upkeep
and maintenance that they would otherwise be bound to with a lawful
occupant present.
This bill prescribes an increase to the number of days required before a
squatter can lawfully claim tenancy and creates a clear distinction
between tenants and squatters within the real property actions and
proceedings law.
PRIOR LEGISLATIVE HISTORY:
New Bill
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9897
IN ASSEMBLY
April 26, 2024
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Housing
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; and to amend the administrative code of the city of
New York, in relation to bona fide lease agreements and evictions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 711 of the real property
2 actions and proceedings law, as amended by section 12 of part M of chap-
3 ter 36 of the laws of 2019, is amended to read as follows:
4 A tenant shall include an occupant of one or more rooms in a rooming
5 house or a resident, not including a transient occupant, of one or more
6 rooms in a hotel who has been in possession for [thirty] sixty consec-
7 utive days or longer. No tenant or lawful occupant of a dwelling or
8 housing accommodation shall be removed from possession except in a
9 special proceeding. A special proceeding may be maintained under this
10 article upon the following grounds:
11 § 2. Section 711 of the real property actions and proceedings law is
12 amended by adding a new subdivision 7 to read as follows:
13 7. Notwithstanding any contrary provision of law, for the purposes of
14 this article, a tenant shall not include a person who enters onto real
15 property or enters a building with the intent of squatting therein, or
16 without title, right, and permission of the rightful owner, or payment
17 of rent to the rightful owner pursuant to a bona fide lease agreement.
18 § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
19 chapter 176 of the laws of 2011, is amended to read as follows:
20 (g) where the property consists of a right-of-way or yard of a rail-
21 road or rapid transit railroad which has been designated and conspicu-
22 ously posted as a no-trespass railroad zone; or
23 (h) with the intent of squatting in such building or upon such real
24 property or otherwise occupies such building or real property without
25 title, right, and permission of the rightful owner, or payment of rent
26 to the rightful owner pursuant to a bona fide lease agreement; provided,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15043-01-4
A. 9897 2
1 however, that in any prosecution under this subdivision it shall be an
2 affirmative defense that the defendant is a tenant as defined in section
3 seven hundred eleven of the real property actions and proceedings law.
4 § 4. The opening paragraph of subdivision a of section 26-521 of the
5 administrative code of the city of New York is amended to read as
6 follows:
7 It shall be unlawful for any person to evict or attempt to evict an
8 occupant of a dwelling unit who has lawfully occupied the dwelling unit
9 for thirty consecutive days or longer or who has entered into a bona
10 fide lease agreement with the rightful owner with respect to such dwell-
11 ing unit or has made a request for a lease for such dwelling unit pursu-
12 ant to the hotel stabilization provisions of the rent stabilization law
13 except to the extent permitted by law pursuant to a warrant of eviction
14 or other order of a court of competent jurisdiction or a governmental
15 vacate order by:
16 § 5. This act shall take effect immediately.
