Clarifies the definition of tenant to exclude squatters

1 Co-sponsor

• Phil Boyle

Title of bill

An act to amend the real property actions and proceedings law, in relation to clarifying the definition of "tenant" to exclude squatters

Purpose

This legislation would clarify the definition of tenant to exclude squatters.

Summary of provisions

Section 711 of the real property actions and proceedings law, is amended to clarify the definition of tenant to exclude squatters.

For the purposes of this article, a tenant shall not include a person who enters onto a property with the intent of squatting on the property or otherwise settles on land or occupies property without title, right, permission of the rightful owner or payment of rent.

Justification

Under New York State law, squatters are classified as tenants and receive temporary rights as such after living in a property for a period of 30 days. To reclaim property from a squatter after thirty days, an owner must be able to prove a right to the property and proceed with legal eviction proceedings.

The special proceeding may give the owner an order that a sheriff can then enforce to remove the squatter. The owner may not remove the tenant himself.

As a bi-product of the strained housing market, squatters are infiltrating neighborhoods, entering empty properties and abusing the loophole in New York State law. This legislation will remove the protection granted under current law and exclude squatters from the definition of tenant.

Legislative history

S.5940-A of 2013/14.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.