NY State Senate Bill 2023-S2027

Senate Bill S2027

2023-2024 Legislative Session

Authorizes the district attorney to intervene in a proceeding brought by the owner of a premises upon which the tenant's occupancy is illegal

download bill text pdf

Current 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 03, 2024	referred to housing, construction and community development
Jan 18, 2023	referred to housing, construction and community development

2023-S2027 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §715, RPAP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5467
2019-2020: S5774
2021-2022: S2917

2023-S2027 (ACTIVE) - Summary

Authorizes the district attorney to intervene in a proceeding brought by the owner of a premises upon which the tenant's occupancy is illegal.

2023-S2027 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2027

SPONSOR: ADDABBO
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to the intervention of the district attorney having jurisdic-
tion in a proceeding where use or occupancy of residential rental prop-
erty is illegal

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would give the district attorney the jurisdiction to intervene
in cases in which a landlord seeks to remove a tenant because of illegal
activity on the rented premises.

 
SUMMARY OF SPECIFIC PROVISIONS:

The district attorney has jurisdiction if the proceeding for removal is
the result of a violation of specified sections of the real property
actions and proceedings law.

 
JUSTIFICATION:

Under current law, landlords are responsible to pursue the evictions of
tenants who use their rented property for illegal purposes. With the
burden of proceedings placed solely on Landlords tenants who repeatedly
use a rented premises for illegal activity are less likely to be evicted
and more likely to re-offend than if the case were the responsibility of
the district attorney. A district attorney has the expertise and time to
more effectively enforce the law and prevent crime from returning to
neighborhoods where it already has been discovered.

 
PRIOR LEGISLATIVE HISTORY:

2019: S. 5774 - Referred to Senate Housing, Construction and Community
Development Committee.

2020: S. 5774 - Referred to Senate Housing, Construction and Community
Development Committee.

2021: S. 2917 - Referred to Senate Housing, Construction and Community
Development Committee.

2022: S. 2917 - Referred to Senate Housing, Construction and Community
Development Committee.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2027 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2027
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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 the intervention of the district attorney having jurisdic-
   tion in a proceeding where use  or  occupancy  of  residential  rental
   property is illegal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 715 of the real property  actions  and  proceedings
 law is amended by adding a new subdivision 6 to read as follows:
   6.  IN  ANY PROCEEDING COMMENCED BY AN OWNER, PURSUANT TO THIS SECTION
 OR SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE, FOR  THE  REMOVAL  FROM
 THE  POSSESSION  OF  PREMISES  FROM  A TENANT OR TENANTS UPON ANY GROUND
 SPECIFIED IN SUBDIVISION  ONE  OF  THIS  SECTION,  SUBDIVISION  FIVE  OF
 SECTION  SEVEN  HUNDRED  ELEVEN  OF  THIS  ARTICLE OR SUBDIVISION ONE OF
 SECTION TWO HUNDRED THIRTY-ONE OF THE REAL PROPERTY  LAW,  THE  DISTRICT
 ATTORNEY HAVING JURISDICTION OVER SUCH PREMISES MAY INTERVENE AND APPEAR
 AS OF RIGHT IN SUCH PROCEEDING BY FILING A NOTICE OF APPEARANCE WITH THE
 COURT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04209-01-3

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