Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer where such treble damages are unavailable to a person who, not having entered a lease or license for such real property with the rightful owner, enters 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7774
SPONSOR: Stern 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 OR GENERAL IDEA OF BILL:
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:
Section 1: amends section 853 of the real property actions and
proceedings law. Under this amendment, the definition of a "person"
shall not include a person who, not having entered a lease or license
for such real property with the rightful owner, enters onto real proper-
ty 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.
Section 2: sets the effective date.
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, he or she would be liable under section 853 of the
real property actions and proceedings 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 of the real prop-
erty actions and proceedings law and thereby deny the protections of the
current statute to those persons.
PRIOR LEGISLATIVE HISTORY:
2024: A.9906 - referred to judiciary.
2024: A.9734 - referred to judiciary. Enacting clause stricken.
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
STATE OF NEW YORK
________________________________________________________________________
7774
2025-2026 Regular Sessions
IN ASSEMBLY
April 10, 2025
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Judiciary
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 853 of the real property actions and proceedings
2 law, as amended by chapter 467 of the laws of 1981, is amended to read
3 as follows:
4 § 853. Action for forcible or unlawful entry or detainer; treble
5 damages. 1. If a person is disseized, ejected, or put out of real prop-
6 erty in a forcible or unlawful manner, or, after [he] such person has
7 been put out, is held and kept out by force or by putting [him] such
8 person in fear of personal violence or by unlawful means, [he] such
9 person is entitled to recover treble damages in an action therefor
10 against the wrong-doer.
11 2. For the purposes of this section, a "person" shall not include a
12 person who, not having entered a lease or license for such real property
13 with the rightful owner, enters onto real property or otherwise settles
14 on land or occupies real property without title, right, permission of
15 the rightful owner, or payment of rent accepted by the rightful owner.
16 § 2. This act shall take effect immediately and shall apply to actions
17 and proceedings commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03687-01-5
