Relates to the illegal occupancy of multiple dwellings by broadening present law to allow application to a wider range of illegal activities including but not limited to gambling, prostitution and illegal possession of controlled substance or marijuana and allows a wider range of interested parties to begin eviction proceedings; also allows for the presumption of illegal occupancy of buildings based on prior criminal record.
STATE OF NEW YORK
________________________________________________________________________
7716
2009-2010 Regular Sessions
IN ASSEMBLY
April 22, 2009
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property actions and proceedings law and the
real property law, in relation to illegal occupancy of certain prem-
ises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 5 of section 711 of the real property actions
2 and proceedings law, as added by chapter 312 of the laws of 1962, is
3 amended to read as follows:
4 5. The premises, or any part thereof, are used or occupied [as a
5 bawdy-house, or house or place of assignation for lewd persons, or] for
6 purposes of prostitution, illegal gambling, illegal possession, manufac-
7 ture or sale of a controlled substance or marijuana or for any other
8 illegal trade, activity, business or manufacture[, or other illegal
9 business]. For purposes of this section, two or more convictions of a
10 tenant or occupant within a period of two years, for any of the offenses
11 described in article two hundred twenty, two hundred twenty-one, two
12 hundred twenty-five or two hundred thirty of the penal law arising out
13 of conduct occurring within one thousand feet of the subject premises or
14 any part thereof, or two or more convictions of any person, within a
15 period of one year, for any of the offenses described in article two
16 hundred twenty, two hundred twenty-one, two hundred twenty-five or two
17 hundred thirty of the penal law arising out of conduct occurring on the
18 subject premises or any part thereof shall be presumptive evidence of
19 unlawful use or occupation of such premises or part thereof and of the
20 tenant's or occupant's knowledge of such unlawful use or occupation.
21 § 2. Subdivision 1 of section 715 of the real property actions and
22 proceedings law, as amended by chapter 555 of the laws of 1978, is
23 amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07927-02-9
A. 7716 2
1 1. [An] Any owner or tenant[, including a tenant of one or more rooms
2 of an apartment house, tenement house or multiple dwelling,] of any
3 premises within [two hundred] one thousand feet from other [demised]
4 rented, owned or squatted upon real property used or occupied in whole
5 or in part [as a bawdy-house, or house or place of assignation for lewd
6 persons, or] for purposes of prostitution, or for any other illegal
7 trade, activity, business or manufacture, [or any domestic corporation
8 organized for the suppression of vice, subject to or which submits to
9 visitation by the state department of social services and possesses a
10 certificate from such department of such fact and of conformity with
11 regulations of the department] or any tenant organization, block asso-
12 ciation, or similar incorporated or unincorporated community association
13 which is organized for the primary purpose of promoting the public
14 welfare within an area encompassing one thousand feet of the subject
15 real property, or any duly authorized enforcement agency of the state or
16 of a subdivision thereof, under a duty to enforce the provisions of the
17 penal law or of any state or local law, ordinance, code, rule or regu-
18 lation relating to buildings, may serve [personally] upon the owner or
19 landlord of the [premises] subject real property so used or occupied, or
20 upon his agent, a written notice requiring the owner or landlord to make
21 an application for the removal of the person so using or occupying the
22 same. Within ten days after service of such notice, such owner or land-
23 lord or his agent may demand, in writing, that the owner, tenant, organ-
24 ization, association, or enforcement agency serving the notice provide a
25 written statement particularizing the basis for such notice. If the
26 owner or landlord or his agent does not make such application for
27 removal within [five] ten days [thereafter] after service of the notice,
28 or, if a timely demand for a written statement particularizing the basis
29 for the notice is made, within ten days after service of such statement
30 upon the owner or landlord or his agent; or, having made [it] such
31 application for removal, does not in good faith diligently prosecute it,
32 the [person, corporation] owner, tenant, organization, association or
33 enforcement agency giving the notice may bring a proceeding under this
34 article for such removal as though the petitioner were the owner or
35 landlord of the [premises] subject real property, and shall have preced-
36 ence over any similar proceeding thereafter brought by such owner or
37 landlord or to one theretofore brought by him and not prosecuted dili-
38 gently and in good faith. Proof of the ill repute of the [demised prem-
39 ises or of the inmates thereof] subject real property, its occupants or
40 of those resorting thereto shall constitute presumptive evidence of the
41 unlawful use of [the demised premises] such real property required to be
42 stated in the petition for removal. [Both the person in possession of
43 the property and the] The owner or landlord of the real property and the
44 person in possession of the real property, if known, shall be made
45 respondents in the proceeding. Any service of notice or demand for a
46 written statement particularizing the basis for such notice shall be
47 made in accordance with section seven hundred thirty-one of this arti-
48 cle.
49 § 3. Subdivision 2 of section 715 of the real property actions and
50 proceedings law, as added by chapter 494 of the laws of 1976, is amended
51 to read as follows:
52 2. For purposes of this section, two or more convictions of [any
53 person or persons had, within a period of one year, for any of the
54 offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30 or
55 230.40 of the penal law arising out of conduct engaged in at the same
56 real property consisting of a dwelling as that term is defined in subdi-
A. 7716 3
1 vision four of section four of the multiple dwelling law shall be
2 presumptive evidence of conduct constituting use of the premises for
3 purposes of prostitution] a tenant or occupant had, within a period of
4 two years, for any of the offenses described in articles two hundred
5 twenty, two hundred twenty-one, two hundred twenty-five and two hundred
6 thirty of the penal law arising out of conduct occurring within one
7 thousand feet of the subject real property, or two or more convictions
8 of any person had, within a period of one year, for any of the offenses
9 described in the foregoing articles of the penal law arising out of
10 conduct occurring on the subject real property shall be presumptive
11 evidence of unlawful use or occupation of such real property and of the
12 tenant's, occupant's and owner's or landlord's knowledge of such unlaw-
13 ful use or occupation.
14 § 4. Subdivisions 3, 4 and 5 of section 715 of the real property
15 actions and proceedings law, subdivision 3 as added and subdivisions 4
16 and 5 as renumbered by chapter 206 of the laws of 1980, subdivision 4 as
17 added by chapter 494 of the laws of 1976 and subdivision 5 as added by
18 chapter 627 of the laws of 1978, are amended to read as follows:
19 3. [For the purposes of this section, two or more convictions of any
20 person or persons had, within a period of one year, for any of the
21 offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
22 225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
23 conduct engaged in at the same premises consisting of a dwelling as that
24 term is defined in subdivision four of section four of the multiple
25 dwelling law shall be presumptive evidence of unlawful use of such prem-
26 ises and of the owner's knowledge of the same.
27 4.] A court granting a petition pursuant to this section may, in
28 addition to any other order provided by law, make an order imposing and
29 requiring the payment by the respondent of a civil penalty not exceeding
30 [five] ten thousand dollars to the municipality in which the subject
31 premises is located and, the payment of reasonable attorneys fees and
32 the costs of the proceeding to the petitioner. In any such case multi-
33 ple respondents shall be jointly and severally liable for any payment so
34 ordered and the amounts of such payments shall constitute a lien upon
35 the subject realty.
36 [5.] 4. For the purposes of a proceeding under this section, an
37 enforcement agency of the state or of a subdivision thereof, which may
38 commence a proceeding under this section, may subpoena witnesses, compel
39 their attendance, examine them under oath before himself or a court and
40 require that any books, records, documents or papers relevant or materi-
41 al to the inquiry be turned over to him for inspection, examination or
42 audit, pursuant to the civil practice law and rules. If a person
43 subpoenaed to attend upon such inquiry fails to obey the command of a
44 subpoena without reasonable cause, or if a person in attendance upon
45 such inquiry shall, without reasonable cause, refuse to be sworn or to
46 be examined or to answer a question or to produce a book or paper, when
47 ordered to do so by the officer conducting such inquiry, he shall be
48 guilty of a class B misdemeanor.
49 § 5. Subdivision 3 of section 231 of the real property law, as amended
50 by chapter 203 of the laws of 1980, is amended to read as follows:
51 3. For the purposes of this section, two or more convictions of any
52 person or persons had, within a period of one year, for any of the
53 offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30, or
54 230.40 of the penal law arising out of conduct [engaged] in, at or on
55 the [same] subject premises consisting of a dwelling as that term is
56 defined in subdivision four of section four of the multiple dwelling law
A. 7716 4
1 shall be presumptive evidence of unlawful use or occupation of such
2 premises and of the owners knowledge of [the same] such unlawful use or
3 occupation.
4 § 6. Subdivision 5 of section 231 of the real property law, as added
5 by chapter 203 of the laws of 1980, is amended to read as follows:
6 5. [The attorney general] Any duly authorized enforcement agency of
7 the state or of any subdivision thereof, under a duty to enforce the
8 provisions of the penal law or of any state or local law, ordinance,
9 code, rule or regulations relating to buildings, may commence an action
10 or proceeding in the supreme court to permanently enjoin the continued
11 unlawful use or occupation of the subject premises or any other unlawful
12 trade, activity, manufacture or business in, at or on such premises and
13 to secure a permanent closing order of the subject premises.
14 § 7. Subdivisions 5 and 6 of section 231 of the real property law, as
15 added by chapter 206 of the laws of 1980, are amended to read as
16 follows:
17 [5.] 6. For the purposes of this section, two or more convictions of
18 any person or persons had, within a period of one year, for any of the
19 offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
20 225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
21 conduct [engaged] in, at or on the [same] subject premises consisting of
22 a dwelling as that term is defined in subdivision four of section four
23 of the multiple dwelling law shall be presumptive evidence of unlawful
24 use or occupation of such premises and of the owner's and tenant's know-
25 ledge of [the same] such unlawful use or occupation.
26 [6.] 7. Any owner or tenant, including a tenant of one or more rooms
27 of an apartment house, tenement house or multiple dwelling of any prem-
28 ises within [two hundred] one thousand feet of the [demised real proper-
29 ty] subject premises, may commence an action or proceeding in supreme
30 court to enjoin the continued unlawful use or occupation of the subject
31 premises or any other unlawful trade, activity, manufacture or [other]
32 business in, at or on such premises.
33 § 8. This act shall take effect on the first of November next succeed-
34 ing the date on which it shall have become a law.
