NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1834
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to grounds where no landlord-tenant relationship exists
PURPOSE:
This bill provides housing protection to an individual who legally occu-
pies a premise for more than thirty days.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivisions 7 and 10 of section 713 of the real
property actions and proceedings law.
Section two sets forth the effective date.
JUSTIFICATION:
Under New York State law, people who have lived in a dwelling for more
than 30 days cannot be evicted without court process. If such a party is
deemed to be a licensee, they may be evicted by summary proceeding under
section 731 of the RPAPL which is preceded by a Notice to Quit. Based
on a misreading of case law, landlords have successfully argued that
licensees can be locked out without court process. Many vulnerable resi-
dents of supportive housing or "3/4 houses" find themselves ejected
without any court process. That is neither the intent nor purpose of
section 731 of the RPAPL.
This legislation will clarify landlords and their attorneys may not
lockout, without court process under section 731 of the RPAPL, residen-
tial occupants who have peaceably been in actual possession of the prop-
erty for at least thirty days.
Without this change, a residential occupant in lawful possession of the
property for thirty days or more will continue to live under constant
fear of being targeted by their landlord for eviction without due proc-
ess. Housing is a basic human need and this clarification is important
to ensure residential occupants are not improperly removed.
LEGISLATIVE HISTORY:
2021-22: A.414 - Referred to Judiciary
2019-20: A.661 - Advanced to Third Reading Calendar
2017-18: A.5084 - Advanced to Third Reading Calendar
2015-16: A.8644 - Advanced to Third Reading Calendar
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This bill shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1834
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL, WALKER -- read once and referred to
the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to grounds where no landlord-tenant relationship exists
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 7 and 10 of section 713 of the real property
2 actions and proceedings law, subdivision 7 as added by chapter 312 of
3 the laws of 1962 and subdivision 10 as amended by chapter 467 of the
4 laws of 1981, are amended to read as follows:
5 7. [He is a licensee of the person entitled to possession of the prop-
6 erty at the time of the license, and (a) his license has expired, or (b)
7 his license has been revoked by the licensor, or (c) the licensor is no
8 longer entitled to possession of the property;] The person is an occu-
9 pant who entered into possession of the property lawfully and the legal
10 basis for the person's entitlement to possession has expired or been
11 revoked; provided, however, that a mortgagee or vendee in possession
12 shall not be deemed to be a licensee within the meaning of this subdivi-
13 sion. A residential occupant who has peaceably been in actual possession
14 of the property for at least thirty days shall not be involuntarily
15 deprived of possession except by a special proceeding under this
16 section.
17 10. The person in possession has entered the property or remains in
18 possession by force or unlawful means [and he or his predecessor in
19 interest was not in quiet possession for three years before the time of
20 the forcible or unlawful entry or detainer] and the petitioner was
21 peaceably in actual possession at the time of the forcible or unlawful
22 entry or in constructive possession at the time of the forcible or
23 unlawful detainer; no notice to quit shall be required in order to main-
24 tain a proceeding under this subdivision.
25 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06664-01-3
