BILL NUMBER: S8868

SPONSOR: MATTERA
 
TITLE OF BILL:

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

 
PURPOSE:

Section 853 of the real property actions and proceedings law provides
for an action for unlawful entry or detainer. This legislation would
exclude from the definition of "person" squatters and trespassers.

 
SUMMARY OF PROVISIONS:

Under this bill, the definition of a "person" shall not include a person
who, not having entered a lease or license for such dwelling with the
rightful owner, enters into a dwelling unit, 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.  Notably, the text does not include a specific
intent element to the exclusion.

 
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 and
if an owner does, she would be liable under section 853 of the real
property actions and proceedings law.

As a by-product of the strained housing market and the extensive and
expensive process of eviction by court intervention, squatters are
infiltrating neighborhood, 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 exclude squatters and trespas-
sers from the definition of "person" under Section 853 and thereby deny
the benefit of the prohibitions and protections of the current statute
to those persons.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions and
proceedings commenced on or after such effective dates