NY State Senate Bill 2023-S8867

Senate Bill S8867

2023-2024 Legislative Session

Provides for a limited alternative remedy to remove unauthorized persons from residential real property

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 22, 2024	referred to housing, construction and community development

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2023-S8867 (ACTIVE) - Details

See Assembly Version of this Bill:: A9907
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §758, RPAP L

2023-S8867 (ACTIVE) - Summary

Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.

2023-S8867 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8867

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to providing for a limited alternative remedy to remove unau-
thorized persons from residential real property

 
PURPOSE:

This legislation would enact an expedient method whereby a property
owner, by the mere submission of a sworn complaint to a police officer
attesting to certain facts, can immediately cause a squatter or other
unauthorized person to be evicted from residential real property by a
police officer without court intervention.

 
SUMMARY OF PROVISIONS:

This bill enacts a new Section 758 of the real property actions and
proceedings law. The new section to the statute would establish a speedy
procedure whereby a property owner, or her authorized representative,

could have a squatter or other unauthorized person immediately removed
from residential real property.

Under this new Section 758, A property owner or his or her authorized
agent may request from a police officer the immediate removal of a
person or persons unlawfully occupying a residential dwelling pursuant
to this section if all of the following conditions are met:  (a) The
requesting person is the property owner or authorized agent of the prop-
erty owner; (b) The real property that is being occupied includes a
residential dwelling; (c) An unauthorized person or persons have unlaw-
fully entered and remain or continue to reside on the property owner's
property; (d) The real property was not open to members of the public at
the time the unauthorized person or persons entered; (e) The property
owner has directed the unauthorized person to leave the property; (f)
The unauthorized person or persons are not current or former tenants
pursuant to a written or oral rental agreement authorized by the proper-
ty owner; (g) The unauthorized person or persons are not immediate fami-
ly members of the property owner; and (h) There is no pending litigation
related to the real property between the property owner and any known
unauthorized person.

To request the immediate removal of an unlawful occupant of a residen-
tial dwelling, the property owner or his or her authorized agent must
submit a complaint by presenting a completed and verified Complaint to
Remove Persons Unlawfully Occupying Residential Real Property to a
police officer in the county in which the real property is located.

The statute provides the form of the complaint which must be substan-
tially complied with.

Upon receipt of the complaint, the police officer shall verify that the
person submitting the complaint is the record owner of the real property
or the authorized agent of the owner and appears otherwise entitled to
relief under this section. If verified, the police officer shall, with-
out delay, serve a notice to immediately vacate on all the unlawful
occupants and shall put the owner in possession of the real property. If

appropriate, the police officer may arrest any person found in the
dwelling for trespass, outstanding warrants, or any other legal cause.

After the police officer serves the notice to immediately vacate, the
property owner or authorized agent may request that the police officer
stand by to keep the peace while the property owner or agent of the
owner changes the locks and removes the personal property of the unlaw-
ful occupants from the premises to or near or over the property line.
The police officer is not liable to the unlawful occupant or any other
party for loss, destruction, or damage of property. The property owner
or his or her authorized agent is not liable to an unlawful occupant or
any other party for the loss, destruction, or damage to the personal
property unless the removal was wrongful.

The dispossessed person may bring a civil cause of action for wrongful
removal under this section. A person harmed by a wrongful removal under
this section may be restored to possession of the real property and may
recover actual costs and damages incurred, statutory damages equal to
triple the fair market rent of the dwelling, court costs, and reasonable
attorney fees.

 
JUSTIFICATION:

Under New York State law, squatters are classified as tenants and
receive temporary rights as such after living in a property for a period
of 30 days. To reclaim property from a squatter after thirty days, an
owner must seek court intervention and be able to prove a right to the
property and proceed with legal eviction proceedings.  The special
proceeding may give the owner an order that a sheriff can then enforce
to remove the squatter. The owner may not remove the tenant himself.

As a by-product of the strained housing market and the extensive and
expensive process of eviction by court intervention, squatters are
infiltrating neighborhoods, entering empty properties and abusing the
loophole in New York State law.

The right to exclude others from entering, and the right to direct
others to immediately vacate, residential real property are the most
important real property rights. Notoriously, existing remedies regarding
unauthorized persons who unlawfully remain on residential real property
are expensive, drawn out and fail to adequately protect the rights of
the property owner and fail to adequately discourage theft and vandal-
ism.  The intent of this legislation is to establish a procedure to
quickly restore possession of residential real property to the lawful
owner of the property when the property is being unlawfully occupied and
to thereby preserve property rights while limiting the opportunity for
criminal activity.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

2023-S8867 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8867
 
                             I N  S E N A T E
 
                              March 22, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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 providing for a limited alternative remedy to remove unau-
   thorized persons from residential real property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The Legislature finds that
 the  right  to  exclude  others  from  entering, and the right to direct
 others to immediately vacate, residential real  property  are  the  most
 important  real  property  rights.  The  Legislature  further finds that
 existing remedies regarding unauthorized persons who  unlawfully  remain
 on  residential  real  property fail to adequately protect the rights of
 the property owner and fail to adequately discourage theft  and  vandal-
 ism.    The intent of this act is to quickly restore possession of resi-
 dential real property to the lawful owner of the property when the prop-
 erty is being unlawfully  occupied  and  to  thereby  preserve  property
 rights while limiting the opportunity for criminal activity.
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new section 758 to read as follows:
   § 758. LIMITED ALTERNATIVE REMEDY TO REMOVE UNAUTHORIZED PERSONS  FROM
 RESIDENTIAL REAL PROPERTY. 1. A PROPERTY OWNER OR THEIR AUTHORIZED AGENT
 MAY REQUEST FROM A POLICE OFFICER, AS DEFINED IN SUBDIVISION THIRTY-FOUR
 OF  SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, THE IMMEDIATE REMOVAL OF
 A PERSON OR PERSONS UNLAWFULLY OCCUPYING A RESIDENTIAL DWELLING PURSUANT
 TO THIS SECTION IF ALL OF THE FOLLOWING CONDITIONS ARE MET:
   (A) THE REQUESTING PERSON IS THE PROPERTY OWNER OR AUTHORIZED AGENT OF
 THE PROPERTY OWNER;
   (B) THE REAL PROPERTY THAT IS BEING OCCUPIED  INCLUDES  A  RESIDENTIAL
 DWELLING;
   (C)  AN  UNAUTHORIZED  PERSON  OR  PERSONS HAVE UNLAWFULLY ENTERED AND
 REMAIN OR CONTINUE TO RESIDE ON THE PROPERTY OWNER'S PROPERTY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14650-01-4

 S. 8867                             2
 
   (D) THE REAL PROPERTY WAS NOT OPEN TO MEMBERS OF  THE  PUBLIC  AT  THE
 TIME THE UNAUTHORIZED PERSON OR PERSONS ENTERED;
   (E)  THE  PROPERTY OWNER HAS DIRECTED THE UNAUTHORIZED PERSON TO LEAVE
 THE PROPERTY;
   (F) THE UNAUTHORIZED PERSON OR  PERSONS  ARE  NOT  CURRENT  OR  FORMER
 TENANTS PURSUANT TO A WRITTEN OR ORAL RENTAL AGREEMENT AUTHORIZED BY THE
 PROPERTY OWNER;
   (G)  THE  UNAUTHORIZED  PERSON  OR  PERSONS  ARE  NOT IMMEDIATE FAMILY
 MEMBERS OF THE PROPERTY OWNER; AND
   (H) THERE IS NO  PENDING  LITIGATION  RELATED  TO  THE  REAL  PROPERTY
 BETWEEN THE PROPERTY OWNER AND ANY KNOWN UNAUTHORIZED PERSON.
   2. TO REQUEST THE IMMEDIATE REMOVAL OF AN UNLAWFUL OCCUPANT OF A RESI-
 DENTIAL  DWELLING,  THE  PROPERTY  OWNER OR THEIR AUTHORIZED AGENT SHALL
 SUBMIT A COMPLAINT BY PRESENTING A COMPLETED COMPLAINT TO REMOVE PERSONS
 UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY TO A  POLICE  OFFICER  IN
 THE  COUNTY  IN  WHICH  THE  REAL  PROPERTY  IS  LOCATED.  THE SUBMITTED
 COMPLAINT MUST BE IN SUBSTANTIALLY THE FOLLOWING FORM:
    "COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL
                                 PROPERTY
   I, THE OWNER OR AUTHORIZED AGENT OF THE OWNER  OF  THE  REAL  PROPERTY
 LOCATED AT ____________________________________, NEW YORK, DECLARE UNDER
 THE PENALTY OF PERJURY THAT (INITIAL EACH BOX):
   1.      I AM THE OWNER OF THE REAL PROPERTY OR THE AUTHORIZED AGENT OF
 THE OWNER OF THE REAL PROPERTY.
   2.    I PURCHASED THE PROPERTY ON __________________________.
   3.    THE REAL PROPERTY IS A RESIDENTIAL DWELLING.
   4.    AN UNAUTHORIZED PERSON OR PERSONS HAVE  UNLAWFULLY  ENTERED  AND
 ARE REMAINING OR RESIDING UNLAWFULLY ON THE REAL PROPERTY.
   5.      THE REAL PROPERTY WAS NOT OPEN TO MEMBERS OF THE PUBLIC AT THE
 TIME THE UNAUTHORIZED PERSON OR PERSONS ENTERED.
   6.    I HAVE DIRECTED THE UNAUTHORIZED PERSON OR PERSONS TO LEAVE  THE
 REAL PROPERTY, BUT THEY HAVE NOT DONE SO.
   7.    THE PERSON OR PERSONS ARE NOT CURRENT OR FORMER TENANTS PURSUANT
 TO  ANY VALID LEASE AUTHORIZED BY THE PROPERTY OWNER, AND ANY LEASE THAT
 MAY BE PRODUCED BY AN OCCUPANT IS FRAUDULENT.
   8.    THE UNAUTHORIZED PERSON OR PERSONS SOUGHT TO BE REMOVED ARE  NOT
 AN  OWNER  OR A CO-OWNER OF THE PROPERTY AND HAVE NOT BEEN LISTED ON THE
 TITLE TO THE PROPERTY UNLESS THE PERSON OR PERSONS HAVE ENGAGED IN TITLE
 FRAUD.
   9.    THE UNAUTHORIZED PERSON OR  PERSONS  ARE  NOT  IMMEDIATE  FAMILY
 MEMBERS OF THE PROPERTY OWNER.
   10.      THERE  IS  NO LITIGATION RELATED TO THE REAL PROPERTY PENDING
 BETWEEN THE PROPERTY OWNER AND ANY PERSON SOUGHT TO BE REMOVED.
   11.    I UNDERSTAND THAT A PERSON OR PERSONS REMOVED FROM THE PROPERTY
 PURSUANT TO THIS PROCEDURE MAY BRING A CAUSE OF ACTION  AGAINST  ME  FOR
 ANY  FALSE  STATEMENTS  MADE  IN THIS COMPLAINT, OR FOR WRONGFULLY USING
 THIS PROCEDURE, AND THAT AS A RESULT OF SUCH ACTION I MAY BE HELD LIABLE
 FOR ACTUAL DAMAGES, PENALTIES, COSTS, AND REASONABLE ATTORNEY FEES.
   12.    I AM REQUESTING THE POLICE TO IMMEDIATELY REMOVE THE  UNAUTHOR-
 IZED PERSON OR PERSONS FROM THE RESIDENTIAL PROPERTY.
   13.      A  COPY  OF  MY  VALID  GOVERNMENT-ISSUED  IDENTIFICATION  IS
 ATTACHED, OR I AM AN AGENT OF THE PROPERTY OWNER, AND DOCUMENTS EVIDENC-
 ING MY AUTHORITY TO ACT ON THE PROPERTY OWNER'S BEHALF ARE ATTACHED.
   I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND  EACH  STATEMENT
 IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETI-
 S. 8867                             3
 
 TION  ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN
 NEW YORK LAW.
 
   (SIGNATURE OF PROPERTY OWNER OR AGENT OF OWNER)"
 
   3. UPON RECEIPT OF THE COMPLAINT, THE POLICE OFFICER SHALL VERIFY THAT
 THE  PERSON  SUBMITTING  THE  COMPLAINT  IS THE RECORD OWNER OF THE REAL
 PROPERTY OR THE AUTHORIZED AGENT OF  THE  OWNER  AND  APPEARS  OTHERWISE
 ENTITLED  TO  RELIEF UNDER THIS SECTION. IF VERIFIED, THE POLICE OFFICER
 SHALL, WITHOUT DELAY, SERVE A NOTICE TO IMMEDIATELY VACATE  ON  ALL  THE
 UNLAWFUL  OCCUPANTS  AND  SHALL  PUT THE OWNER IN POSSESSION OF THE REAL
 PROPERTY. SERVICE MAY BE ACCOMPLISHED BY HAND DELIVERY OF THE NOTICE  TO
 AN  OCCUPANT  OR  BY POSTING THE NOTICE ON THE FRONT DOOR OR ENTRANCE OF
 THE DWELLING. THE POLICE OFFICER SHALL ALSO ATTEMPT TO VERIFY THE  IDEN-
 TITIES  OF ALL PERSONS OCCUPYING THE DWELLING AND NOTE THE IDENTITIES ON
 THE RETURN OF SERVICE. IF APPROPRIATE, THE POLICE OFFICER MAY ARREST ANY
 PERSON FOUND IN THE DWELLING FOR TRESPASS, OUTSTANDING WARRANTS, OR  ANY
 OTHER LEGAL CAUSE.
   4.  AFTER  A POLICE OFFICER SERVES A NOTICE TO IMMEDIATELY VACATE, THE
 PROPERTY OWNER OR AUTHORIZED AGENT MAY REQUEST THAT THE  POLICE  OFFICER
 STAND  BY  TO  KEEP  THE  PEACE WHILE THE PROPERTY OWNER OR AGENT OF THE
 OWNER CHANGES THE LOCKS AND REMOVES THE PERSONAL PROPERTY OF THE  UNLAW-
 FUL  OCCUPANTS FROM THE PREMISES TO OR NEAR OR OVER THE PROPERTY LINE. A
 POLICE OFFICER IS NOT LIABLE TO THE UNLAWFUL OCCUPANT OR ANY OTHER PARTY
 FOR LOSS, DESTRUCTION, OR DAMAGE OF  PROPERTY.  THE  PROPERTY  OWNER  OR
 THEIR  AUTHORIZED  AGENT  IS  NOT  LIABLE TO AN UNLAWFUL OCCUPANT OR ANY
 OTHER PARTY FOR THE LOSS, DESTRUCTION, OR DAMAGE TO THE PERSONAL PROPER-
 TY UNLESS SUCH REMOVAL WAS WRONGFUL.
   5. A PERSON MAY BRING A CIVIL CAUSE OF  ACTION  FOR  WRONGFUL  REMOVAL
 UNDER  THIS  SECTION.  A  PERSON HARMED BY A WRONGFUL REMOVAL UNDER THIS
 SECTION MAY BE RESTORED TO POSSESSION  OF  THE  REAL  PROPERTY  AND  MAY
 RECOVER  ACTUAL  COSTS  AND DAMAGES INCURRED, STATUTORY DAMAGES EQUAL TO
 TRIPLE THE FAIR MARKET RENT OF THE DWELLING, COURT COSTS, AND REASONABLE
 ATTORNEY FEES.  THE COURT SHALL ADVANCE THE CAUSE ON THE CALENDAR.
   6. THE PROVISIONS OF THIS SECTION SHALL NOT  LIMIT  THE  RIGHTS  OF  A
 PROPERTY  OWNER  OR LIMIT THE AUTHORITY OF A POLICE OFFICER TO ARREST AN
 UNLAWFUL OCCUPANT FOR TRESPASSING, VANDALISM, THEFT, OR OTHER CRIME.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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