S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9897
 
                           I N  A S S E M B L Y
 
                              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:
 
   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]  SIXTY  consec-
 utive  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  REAL
 PROPERTY  OR  ENTERS A BUILDING WITH THE INTENT OF SQUATTING THEREIN, OR
 WITHOUT TITLE, RIGHT, AND PERMISSION OF THE RIGHTFUL OWNER,  OR  PAYMENT
 OF RENT TO THE RIGHTFUL OWNER PURSUANT TO A BONA FIDE LEASE AGREEMENT.
   § 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
 TITLE,  RIGHT,  AND PERMISSION OF THE RIGHTFUL OWNER, OR PAYMENT OF RENT
 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
 
 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.  The opening paragraph of subdivision a of section 26-521 of the
 administrative code of the city of  New  York  is  amended  to  read  as
 follows:
   It  shall  be  unlawful for any person to evict or attempt to evict an
 occupant of a dwelling unit who has lawfully occupied the dwelling  unit
 for  thirty  consecutive  days  or longer or who has entered into a BONA
 FIDE lease AGREEMENT WITH THE RIGHTFUL OWNER with respect to such dwell-
 ing unit or has made a request for a lease for such dwelling unit pursu-
 ant to the hotel stabilization provisions of the rent stabilization  law
 except  to the extent permitted by law pursuant to a warrant of eviction
 or other order of a court of competent jurisdiction  or  a  governmental
 vacate order by:
   § 5. This act shall take effect immediately.