BILL NUMBER: S8869

SPONSOR: MATTERA
 
TITLE OF BILL:

An act to amend the penal law, in relation to criminal trespass in the
third degree

 
SUMMARY OF PROVISIONS:

The intent of this legislation is to establish and make clear that
squatting is a crime.

Under this bill, the commission of the crime of criminal trespass in the
third degree also includes a person not having entered a lease or
license for a building or real property with the rightful owner, enters
or remains in such building or upon such real property or otherwise
occupies such building or real property without title, right, permission
of the rightful owner, or payment of rent accepted by the rightful
owner; provided, however, that in any prosecution under the statute 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.
              

 
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 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 and make clear that
squatting is a crime.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately