NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9772
SPONSOR: Kim TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to clarifying the status of squatters for purposes of removal
proceedings
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to clarify the status of squatters for
purposes of removal proceedings.
SUMMARY OF PROVISIONS:
Section 1 defines who is and is not a squatter.
Section 2 provides the effective date.
JUSTIFICATION:
Recent reports of squatters who take over private property in New York
underscore the need to add strength and clarity to New York State hous-
ing laws. Squatters, who occupy real property without title, right or
permission of the owner, owner's agent, or another person entitled to
possession of the property or building, do not have the same rights and
protections as lawful tenants, occupants or owners. Although squatting
cases remain rare, squatters are intruders who may have scammed their
way into private property. Squatters are subject to arrest and landlords
can lock them out without court process at any point.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
EFFECTIVE DATE:
This act shall take effect immediately after becoming law
STATE OF NEW YORK
________________________________________________________________________
9772
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. KIM, LEE, ROZIC -- read once and referred to the
Committee on Housing
AN ACT to amend the real property actions and proceedings law, in
relation to clarifying the status of squatters for purposes of removal
proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 711 of the real property
2 actions and proceedings law, as amended by section 12 of part M of chap-
3 ter 36 of the laws of 2019, is amended to read as follows:
4 A tenant shall include an occupant of one or more rooms in a rooming
5 house or a resident, not including a transient occupant, of one or more
6 rooms in a hotel who has been in possession for thirty consecutive days
7 or longer. No tenant or lawful occupant of a dwelling or housing accom-
8 modation shall be removed from possession except in a special proceed-
9 ing. A tenant shall not include a squatter. A squatter is a person who
10 enters onto real property or enters a building with the intent of squat-
11 ting therein, and resides without title, right or permission of the
12 owner or owner's agent or a person entitled to possession. A squatter is
13 not someone who entered the property with the permission of the owner,
14 owner's agent or a person entitled to possession where such permission
15 was revoked. A special proceeding may be maintained under this article
16 upon the following grounds:
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15136-02-4
