S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6894
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- 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
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The opening paragraph of section 711 of the real property
 actions and proceedings law, as amended by section 12 of part M of chap-
 ter 36 of the laws of 2019, is amended to read as follows:
   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]  FORTY-FIVE
 consecutive  days or longer.  No tenant or lawful occupant of a dwelling
 or housing accommodation shall be removed from possession  except  in  a
 special  proceeding.  A  special proceeding may be maintained under this
 article upon the following grounds:
   § 2. Section 711 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 7 to read as follows:
   7.  NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, FOR THE PURPOSES OF
 THIS ARTICLE, A TENANT SHALL NOT INCLUDE A PERSON WHO ENTERS ONTO  PROP-
 ERTY  WITH  THE  INTENT  OF  SQUATTING ON SUCH PROPERTY OR WHO OTHERWISE
 SETTLES ON LAND OR OCCUPIES PROPERTY WITHOUT TITLE, RIGHT, PERMISSION OF
 THE RIGHTFUL OWNER, OR PAYMENT OF RENT.
   § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
 chapter 176 of the laws of 2011, is amended to read as follows:
   (g) where the property consists of a right-of-way or yard of  a  rail-
 road  or  rapid transit railroad which has been designated and conspicu-
 ously posted as a no-trespass railroad zone; OR
   (H) WITH THE INTENT OF SQUATTING IN SUCH BUILDING OR  UPON  SUCH  REAL
 PROPERTY  OR  OTHERWISE  OCCUPIES SUCH BUILDING OR REAL PROPERTY WITHOUT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09157-01-3
              

 A. 6894                             2
 
 TITLE, RIGHT, PERMISSION OF THE RIGHTFUL  OWNER,  OR  PAYMENT  OF  RENT;
 PROVIDED,  HOWEVER,  THAT  IN  ANY PROSECUTION UNDER THIS SUBDIVISION 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.
   § 4. This act shall take effect immediately.