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

                                   451

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 clarifying the definition of "tenant" to exclude squatters

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

  Section 1. Section 711 of the real property  actions  and  proceedings
law,  as  added  by chapter 312 of the laws of 1962, the section heading
and opening paragraph as amended by chapter 739 of  the  laws  of  1982,
subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivi-
sion  6  as added by chapter 699 of the laws of 1985, is amended to read
as follows:
  S 711. Grounds where landlord-tenant relationship  exists.  1.  (A)  A
tenant shall include an occupant of one or more rooms in a rooming house
or  a resident, not including a transient occupant, of one or more rooms
in a hotel who has been in possession for  thirty  consecutive  days  or
longer;  he  shall  not  be  removed from possession except in a special
proceeding.
  (B) FOR THE PURPOSES OF THIS ARTICLE, A TENANT  SHALL  NOT  INCLUDE  A
PERSON  WHO  ENTERS  ONTO  PROPERTY  WITH THE INTENT OF SQUATTING ON THE
PROPERTY OR OTHERWISE SETTLES  ON  LAND  OR  OCCUPIES  PROPERTY  WITHOUT
TITLE, RIGHT, PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT.
  2.  A special proceeding may be maintained under this article upon the
following grounds:
  [1.] (A) The tenant continues in possession  of  any  portion  of  the
premises after the expiration of his term, without the permission of the
landlord  or,  in  a  case where a new lessee is entitled to possession,
without the permission of the  new  lessee.  Acceptance  of  rent  after
commencement of the special proceeding upon this ground shall not termi-
nate  such proceeding nor effect any award of possession to the landlord
or to the new lessee, as the  case  may  be.  A  proceeding  seeking  to
recover  possession of real property by reason of the termination of the
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02485-01-5

S. 451                              2

term fixed in the lease pursuant to a provision contained therein giving
the landlord the right to terminate the time fixed for  occupancy  under
such  agreement  if he deem the tenant objectionable, shall not be main-
tainable  unless  the  landlord shall by competent evidence establish to
the satisfaction of the court that the tenant is objectionable.
  [2.] (B) The tenant has defaulted in the payment of rent, pursuant  to
the  agreement  under  which  the premises are held, and a demand of the
rent has been made, or at least three days' notice in writing requiring,
in the alternative, the payment of the rent, or the  possession  of  the
premises,  has been served upon him as prescribed in section [735] SEVEN
HUNDRED THIRTY-FIVE OF THIS ARTICLE. The landlord may waive his right to
proceed upon this ground only by an express consent in writing to permit
the tenant to continue in possession, which consent shall  be  revocable
at  will, in which event the landlord shall be deemed to have waived his
right to summary dispossess for nonpayment of rent accruing  during  the
time said consent remains unrevoked.  Any person succeeding to the land-
lord's  interest  in the premises may proceed under this subdivision for
rent due his predecessor in interest if he has a right thereto. Where  a
tenant  dies during the term of the lease and rent due has not been paid
and no representative or person has taken possession of the premises and
no administrator or executor has been appointed, the proceeding  may  be
commenced  after  three  months  from the date of death of the tenant by
joining the surviving spouse or if  there  is  none,  then  one  of  the
surviving issue or if there is none, then any one of the distributees.
  [3.] (C) The tenant, in a city defaults in the payment, for sixty days
after  the  same shall be payable, of any taxes or assessments levied on
the premises which he has agreed in  writing  to  pay  pursuant  to  the
agreement  under  which  the premises are held, and a demand for payment
has been made, or at least three days' notice in writing,  requiring  in
the  alternative  the  payment  thereof  and of any interest and penalty
thereon, or the possession of the premises, has been served upon him, as
prescribed in section [735] SEVEN HUNDRED THIRTY-FIVE OF  THIS  ARTICLE.
An  acceptance  of  any  rent  shall not be construed as a waiver of the
agreement to pay taxes or assessments.
  [4.] (D) The tenant, under a lease for a term of three years or  less,
has  during  the  term taken the benefit of an insolvency statute or has
been adjudicated a bankrupt.
  [5.] (E) 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, or for any illegal trade  or  manufacture,  or
other illegal business.
  [6.]  (F)  The tenant, in a city having a population of one million or
more, removes the batteries or otherwise disconnects or makes inoperable
an installed smoke or fire detector which the tenant has  not  requested
be  moved  from  its location so as not to interfere with the reasonable
use of kitchen facilities provided that the court, upon complaint there-
of, has previously issued an order of violation of the provisions  here-
tofore stated and, subsequent to the thirtieth day after service of such
order  upon the tenant, an official inspection report by the appropriate
department of housing preservation  and  development  is  presented,  in
writing,  indicating non-compliance herewith; provided further, that the
tenant shall have the additional ten day period to cure  such  violation
in  accordance  with the provisions of subdivision four of section seven
hundred fifty-three of this [chapter] ARTICLE.
  S 2. This act shall take effect immediately.