Assembly Bill A9906

2023-2024 Legislative Session

Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer

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Sponsored By

Current Bill Status - In Assembly 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-A9906 (ACTIVE) - Details

See Senate Version of this Bill:
S8868
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §853, RPAP L

2023-A9906 (ACTIVE) - Summary

Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer where such treble damages are unavailable to a person who, not having entered a lease or license for such real property with the rightful owner, enters onto real property or otherwise settles on land or occupies real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

2023-A9906 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9906
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced  by  M.  of  A. STERN, FLOOD -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  providing an exclusion for treble damages in actions for
   forcible or unlawful entry or detainer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  853 of the real property actions and proceedings
 law, as amended by chapter 467 of the laws of 1981, is amended  to  read
 as follows:
   §  853.  Action  for  forcible  or  unlawful entry or detainer; treble
 damages. 1. If a person is disseized, ejected, or put out of real  prop-
 erty  in  a  forcible or unlawful manner, or, after [he] SUCH PERSON has
 been put out, is held and kept out by force or  by  putting  [him]  SUCH
 PERSON  in  fear  of  personal  violence or by unlawful means, [he] SUCH
 PERSON is entitled to recover  treble  damages  in  an  action  therefor
 against the wrong-doer.
   2.  FOR  THE  PURPOSES OF THIS SECTION, A "PERSON" SHALL NOT INCLUDE A
 PERSON WHO, NOT HAVING ENTERED A LEASE OR LICENSE FOR SUCH REAL PROPERTY
 WITH THE RIGHTFUL OWNER, ENTERS ONTO REAL PROPERTY OR OTHERWISE  SETTLES
 ON  LAND  OR  OCCUPIES REAL PROPERTY WITHOUT TITLE, RIGHT, PERMISSION OF
 THE RIGHTFUL OWNER, OR PAYMENT OF RENT ACCEPTED BY THE RIGHTFUL OWNER.
   § 2. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on or after such effective date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14649-01-4

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