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Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Print number 3086a
- Amend and recommit to codes
- Reported and committed to codes
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the real property actions and proceedings law, in relation to grounds for the removal of a tenant from a dwelling when landlord-tenant relationship exists
Purpose or general idea of bill
To make it easier for an eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug-related activity.
Summary of specific provisions
Amends Section 711(5) of the Real Property Actions and Proceedings Law clarifying grounds for eviction of a tenant by a landlord where the dwelling is used for illegal gambling or drug related activity.
Justification
Section 711 of the Real Property Actions and Proceedings Law outlines grounds for a landlord to evict a tenant. Section 711(5) allows a landlord to evict a tenant if the premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd purposes, or for the purpose of prostitution or for any illegal trade or manufacture or other illegal business.
This bill would clarify the eviction statute by explicitly allowing an eviction for gambling or drug activity. The bill also provides an evidentiary presumption that two or more convictions in anyone year period for the purpose of prostitution, illegal gambling or illegal sale or possession of a controlled substance or marijuana constitutes presumptive evidence of such conduct for purpose of an eviction proceeding. Similar presumptions currently exist in Section 715 of the Real Property Action and Proceedings Law and Section 231 of the Real Property Law.
This bill is intended to aid in the war against drugs and to help clean up neighborhoods where drug houses, houses of prostitution or gambling parlors are open and operating. These establishments can ruin neighborhoods, fostering other crimes, driving down property values and forcing law-abiding citizens to move or hide in their houses. The bill will also help law-abiding owners who wish to evict tenants engaging in illegal activities.
Prior legislative history
2001-02: A.872/S.1003 (Senate Judiciary Committee) 2003-04: A.539 2005-06: A.716 2007-08: A.286
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.