Senate Bill S9199

2023-2024 Legislative Session

Relates to the removal of unauthorized persons from residential real property

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S9199 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §758, RPAP L

2023-S9199 (ACTIVE) - Summary

Relates to the removal of unauthorized persons from residential real property by a police officer if such unauthorized person(s) has been asked to leave and is not a current or former tenant.

2023-S9199 (ACTIVE) - Sponsor Memo

2023-S9199 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9199
 
                             I N  S E N A T E
 
                                May 3, 2024
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to the removal of unauthorized persons from residential  real
   property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 758 to read as follows:
   § 758. REMOVING UNAUTHORIZED PERSONS FROM RESIDENTIAL REAL PROPERTY. A
 PROPERTY OWNER WHO  HAS  PREVIOUSLY  ASKED  AN  UNAUTHORIZED  PERSON  OR
 PERSONS  TO  LEAVE  THEIR PROPERTY MAY REQUEST FROM A POLICE OFFICER, AS
 DEFINED IN SUBDIVISION THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE  LAW,  THE IMMEDIATE REMOVAL OF SUCH PERSON OR PERSONS WHO ARE
 UNLAWFULLY OCCUPYING SUCH RESIDENTIAL REAL PROPERTY IF  SUCH  PERSON  OR
 PERSONS  IS NOT A CURRENT OR FORMER TENANT PURSUANT TO A WRITTEN OR ORAL
 RENTAL AGREEMENT AUTHORIZED BY SUCH PROPERTY OWNER. ANY PERSON WRONGFUL-
 LY REMOVED PURSUANT TO THIS SECTION MAY BRING A CIVIL  CAUSE  OF  ACTION
 FOR  COSTS  AND  DAMAGES  INCURRED. SUCH DAMAGES MAY INCLUDE FAIR MARKET
 RENT, COURT COSTS, REASONABLE  ATTORNEY  FEES  AND  TO  BE  RESTORED  TO
 POSSESSION OF SUCH REAL PROPERTY.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15295-01-4

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