What's happening
This bill sets clear criteria for courts to decide if someone is a transient hotel occupant.
Why it matters
Clarifies who qualifies as a “transient occupant” in hotels across New York State. , which affects both hotel operators and individuals staying in hotels—especially in disputes about eviction, tenant rights, or housing status.
Establishes a list of factors courts must consider. (such as whether the person has another primary residence, receives mail elsewhere, or the purpose of their hotel stay), making outcomes more predictable for landlords, tenants, and the hospitality industry, and potentially reducing legal uncertainty in eviction or housing cases.
Represents a significant change for people in temporary or unstable housing situations. , as it could impact their legal protections under tenant law, especially in urban areas with large populations of long-term hotel residents or those at risk of homelessness.
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Who cares
Landlords and Property Owners
Care about clearer criteria for classifying someone as a “transient occupant,” as it affects their ability to remove short-term occupants and address unauthorized stays.
Hotel Operators and Hospitality Industry
Care about how the law distinguishes between tenants and transient guests, impacting their operational policies, liability, and potential legal actions regarding long-term guests.
Tenants’ Rights Advocates
Care about the potential for misclassification of residents and the implications for eviction protections and residential stability.
Courts and Legal Professionals
Care about having more explicit statutory guidance when determining residency status in landlord-tenant disputes, which can streamline proceedings and clarify outcomes.
Headline styles
Define Transient Occupant Status
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Define Transient Occupant Status
In Senate Committee · Housing, Construction And Community Development · Sponsor Shelley Mayer
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11492
IN ASSEMBLY
May 28, 2026
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) -read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in relation to providing criteria for determining whether an individual is a transient occupant
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 711 of the real property actions and proceedings law, as amended by section 1 of part II of chapter 56 of the laws of 2024, is amended to read as follows:
A tenant shall include an occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for thirty consecutive days or longer. For purposes of this section, in determining whether a person is a transient occupant, a court shall consider the totality of the circumstances, including, but not limited to, the following factors: whether the person maintains a primary residence at another location; whether the person maintains indicia of residence at another location, including, but not limited to, receiving mail or maintaining official records, including identification, voter registration, or tax filings; the location of the person's employment or principal place of business; the purpose of the hotel stay; and any other indicia demonstrating whether the premises are being used for temporary lodging. A tenant shall not include a squatter. For the purposes of this section, a squatter is a person who enters onto or intrudes upon real property without the permission of the person entitled to possession, and continues to occupy the property without title, right or permission of the owner or owner's agent or a person entitled to possession. In the event of a conflict between the provisions regarding squatters of this section and the provisions of subdivision three of section seven hundred thirteen of this article, the provisions of section seven hundred thirteen of this article shall be controlling. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds:
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15790-01-6
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.