Relates to the removal of unauthorized persons from residential real property by a police officer if such unauthorized person(s) has been asked to leave and is not a current or former tenant.
STATE OF NEW YORK
________________________________________________________________________
7256
2025-2026 Regular Sessions
IN SENATE
April 7, 2025
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Housing, Construction and
Community Development
AN ACT to amend the real property actions and proceedings law, in
relation to the removal of unauthorized persons from residential real
property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property actions and proceedings law is amended by
2 adding a new section 758 to read as follows:
3 § 758. Removing unauthorized persons from residential real property. A
4 property owner who has previously asked an unauthorized person or
5 persons to leave their property may request from a police officer, as
6 defined in subdivision thirty-four of section 1.20 of the criminal
7 procedure law, the immediate removal of such person or persons who are
8 unlawfully occupying such residential real property if such person or
9 persons is not a current or former tenant pursuant to a written or oral
10 rental agreement authorized by such property owner. Any person wrongful-
11 ly removed pursuant to this section may bring a civil cause of action
12 for costs and damages incurred. Such damages may include fair market
13 rent, court costs, reasonable attorney fees and to be restored to
14 possession of such real property.
15 § 2. This act shall take effect on the sixtieth day after it shall
16 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11488-01-5
