Extends the time period for tenancy rights from 30 days to 45 days of possession; adds squatting to the definition of criminal trespass in the third degree.
STATE OF NEW YORK
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7251
2021-2022 Regular Sessions
IN SENATE
June 10, 2021
___________
Introduced by Sen. BOYLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the real property actions and proceedings law and the
penal law, in relation to clarifying the definition of "tenant" to
exclude squatters
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] forty-five
7 consecutive days or longer. No tenant or lawful occupant of a dwelling
8 or housing accommodation shall be removed from possession except in a
9 special proceeding. A special proceeding may be maintained under this
10 article upon the following grounds:
11 § 2. Section 711 of the real property actions and proceedings law is
12 amended by adding a new subdivision 7 to read as follows:
13 7. Notwithstanding any contrary provision of law, for the purposes of
14 this article, a tenant shall not include a person who enters onto prop-
15 erty with the intent of squatting on such property or who otherwise
16 settles on land or occupies property without title, right, permission of
17 the rightful owner, or payment of rent.
18 § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
19 chapter 176 of the laws of 2011, is amended to read as follows:
20 (g) where the property consists of a right-of-way or yard of a rail-
21 road or rapid transit railroad which has been designated and conspicu-
22 ously posted as a no-trespass railroad zone; or
23 (h) with the intent of squatting in such building or upon such real
24 property or otherwise occupies such building or real property without
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11827-01-1
S. 7251 2
1 title, right, permission of the rightful owner, or payment of rent;
2 provided, however, that in any prosecution under this subdivision it
3 shall be an affirmative defense that the defendant is a tenant as
4 defined in section seven hundred eleven of the real property actions and
5 proceedings law.
6 § 4. This act shall take effect immediately.
