NY State Senate Bill 2009-S3086

Senate Bill S3086

2009-2010 Legislative Session

Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity

download bill text pdf

Archive: Last 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to housing, construction and community development
May 07, 2009	print number 3086a
May 07, 2009	amend and recommit to codes
May 05, 2009	reported and committed to codes
Mar 10, 2009	referred to judiciary

Bill Amendments

Original

A (Active)

2009-S3086 - Details

Current Committee:: Senate Housing, Construction And Community Development

2009-S3086 - Summary

Clarifies grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity by explicitly allowing an eviction for such gambling or drug activity; includes illegal gambling or drug related activity which occurs within 1000 feet of such dwelling.

2009-S3086 - Sponsor Memo

                                 BILL NUMBER:  S3086

 TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to grounds for the removal of a tenant from a dwelling when
landlord-tenant relationship exists

 PURPOSE OR GENERAL IDEA OF BILL :
To make it easier for an eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug-related activity.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends Section 711(5) of the Real Property Actions and Proceedings Law
clarifying grounds for eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug related activity.

 JUSTIFICATION :
Section 711 of the Real Property Actions and Proceedings Law outlines
grounds for a landlord to evict a tenant.  Section 711(5) allows a
landlord to evict a tenant if the premises, or any part thereof, are
used or occupied as a bawdy-house, or house or place of assignation
for lewd purposes, or for the purpose of prostitution or for any
illegal trade or manufacture or other illegal business.

This bill would clarify the eviction statute by explicitly allowing an
eviction for gambling or drug activity. The bill also provides an

evidentiary presumption that two or more convictions in anyone year
period for the purpose of prostitution, illegal gambling or illegal
sale or possession of a controlled substance or marijuana constitutes
presumptive evidence of such conduct for purpose of an eviction
proceeding. Similar presumptions currently exist in Section 715 of the
Real Property Action and Proceedings Law and Section 231 of the Real
Property Law.

This bill is intended to aid in the war against drugs and to help
clean up neighborhoods where drug houses, houses of prostitution or
gambling parlors are open and operating.  These establishments can
ruin neighborhoods, fostering other crimes, driving down property
values and forcing law-abiding citizens to move or hide in their
houses. The bill will also help law-abiding owners who wish to evict
tenants engaging in illegal activities.

 PRIOR LEGISLATIVE HISTORY :
2001-02: A.872/S.1003 (Senate Judiciary Committee)
2003-04: A.539
2005-06: A.716
2007-08: A.286

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3086 - Bill Text download pdf

2009-S3086A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development

2009-S3086A (ACTIVE) - Summary

2009-S3086A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3086A

 TITLE OF BILL :
An act to amend the real property actions and proceedings law, in
relation to grounds for the removal of a tenant from a dwelling when
landlord-tenant relationship exists


 PURPOSE OR GENERAL IDEA OF BILL :
To make it easier for an eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug-related activity.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends Section 711(5) of the Real Property Actions and Proceedings Law
clarifying grounds for eviction of a tenant by a landlord where the
dwelling is used for illegal gambling or drug related activity.

 JUSTIFICATION :
Section 711 of the Real Property Actions and Proceedings Law outlines
grounds for a landlord to evict a tenant. Section 711(5) allows a
landlord to evict a tenant if the premises, or any part thereof, are
used or occupied as a bawdy-house, or house or place of assignation
for lewd purposes, or for the purpose of prostitution or for any
illegal trade or manufacture or other illegal business.

This bill would clarify the eviction statute by explicitly allowing an

eviction for gambling or drug activity. The bill also provides an
evidentiary presumption that two or more convictions in anyone year
period for the purpose of prostitution, illegal gambling or illegal
sale or possession of a controlled substance or marijuana constitutes
presumptive evidence of such conduct for purpose of an eviction
proceeding. Similar presumptions currently exist in Section 715 of the
Real Property Action and Proceedings Law and Section 231 of the Real
Property Law.

This bill is intended to aid in the war against drugs and to help
clean up neighborhoods where drug houses, houses of prostitution or
gambling parlors are open and operating. These establishments can ruin
neighborhoods, fostering other crimes, driving down property values
and forcing law-abiding citizens to move or hide in their houses. The
bill will also help law-abiding owners who wish to evict tenants
engaging in illegal activities.

 PRIOR LEGISLATIVE HISTORY :
2001-02: A.872/S.1003 (Senate Judiciary Committee)
2003-04: A.539
2005-06: A.716
2007-08: A.286

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3086A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3086--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from said committee and committed to the Committee on Codes
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to grounds for the removal of a tenant from a  dwelling  when
  landlord-tenant relationship exists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 711 of the real  property  actions
and  proceedings  law,  as  added by chapter 312 of the laws of 1962, is
amended to read as follows:
  5. The premises, or any part  thereof,  are  used  or  occupied  as  a
bawdy-house,  or  house or place of assignation for lewd persons, or for
purposes of prostitution, ILLEGAL GAMBLING OR ILLEGAL SALE OR POSSESSION
OF A CONTROLLED SUBSTANCE OR MARIHUANA, or  for  any  illegal  trade  or
manufacture,  or  other  illegal business. FOR PURPOSES OF THIS SUBDIVI-
SION, TWO OR MORE CONVICTIONS OF ANY TENANT,  WITHIN  A  PERIOD  OF  ONE
YEAR, FOR ANY OF THE OFFENSES DESCRIBED IN ARTICLE TWO HUNDRED TWENTY OR
TWO  HUNDRED  TWENTY-ONE  OF  THE  PENAL  LAW OR SECTION 225.00, 225.05,
225.10, 225.15, 225.20, 225.30, 225.32, 225.35, 225.40, 230.00,  230.05,
230.20, 230.25, 230.30 OR 230.40 OF THE PENAL LAW ARISING OUT OF CONDUCT
ENGAGED  IN  BY  SUCH  TENANT  AT THE SAME REAL PROPERTY CONSISTING OF A
DWELLING AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR  OF
THE  MULTIPLE  DWELLING LAW OR WITHIN ONE THOUSAND FEET OF SUCH DWELLING
SHALL BE PRESUMPTIVE EVIDENCE OF CONDUCT CONSTITUTING USE OF  THE  PREM-
ISES  FOR  PURPOSES OF PROSTITUTION, ILLEGAL GAMBLING OR ILLEGAL SALE OR
POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA.
  S 2.  This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04125-02-9

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