What's happening
This bill sets clear rules for courts to decide if someone is a transient hotel occupant.
Why it matters
Impacts hotel guests and property owners across New York State by clarifying who counts as a “transient occupant” versus a tenant. this can affect people staying in hotels for extended periods, as well as hotel operators, by influencing who has legal protections against eviction.
Provides courts with a standardized set of criteria to assess residency status. , including whether the person maintains another primary residence, receives mail elsewhere, or has official documents registered to another address—reducing confusion and inconsistencies in eviction proceedings related to hotel stays.
Represents a significant change for both housing advocates and the hospitality industry. by making it clearer when someone is entitled to tenant protections under New York law, which could speed up or slow down legal actions involving hotel occupants depending on their circumstances.
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Who cares
Landlords and Property Owners
Care about the bill because it clarifies the legal distinction between tenants, transient occupants, and squatters, which affects their ability to remove individuals from their properties and impacts eviction proceedings.
Hotel and Rooming House Operators
Care because the bill provides criteria for determining when a guest becomes a tenant versus remaining a transient occupant, influencing their housing policies, business operations, and legal obligations.
Tenants’ Rights Organizations
Care as the bill could impact who is granted tenant protections and under what circumstances, potentially affecting the rights and housing security of individuals staying in hotels or rooming houses for extended periods.
Courts and Legal Practitioners
Care because the bill offers specific factors for courts to consider in disputes over residency status, potentially affecting case outcomes and judicial procedures in housing-related matters.
Headline styles
Define Transient Occupant Status
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 37
No co-sponsors yet.
History
- Referred to housing, construction and community development
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 Assembly Committee · Judiciary · Sponsor MaryJane Shimsky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10464
IN SENATE
May 15, 2026
Introduced by Sen. MAYER -- 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 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.
Sponsor's memo
Title of bill
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
Purpose of bill
To provide statutory criteria for courts to consider when determining whether an individual occupying a hotel room is a transient occupant or tenant for purposes of section 711 of the real property actions and proceedings law.
Summary of specific provisions
Section 1 amends section 711 of the real property actions and proceedings law to define a transient occupant of a hotel.
Section 2 is the effective date.
Justification
Under current law, hotel guests who remain in occupancy for thirty days or longer would be considered tenants for purposes of landlord-tenant law. While current law excludes "transient occupants" from the defi- nition of tenant, that term is not defined in statute, resulting in inconsistent application and uncertainty for courts, hotels and guests alike.
This ambiguity has created operational and legal challenges for hotels throughout the State. Hotels are intended to provide temporary lodging, yet under current law some guests occupying rooms for extended periods may acquire tenancy protections despite the absence of a lease, tradi- tional residential arrangements or an intent to establish permanent residence.
This bill would provide greater clarity and consistency by defining criteria for courts to consider when determining whether someone is a transient occupant. The bill directs courts to consider the totality of the circumstances, including whether the person maintains a primary residence elsewhere, maintains indicia of residence at another location, the location of the person's employment or principal place of business, the purpose of the hotel stay, and any other indicia demonstrating that the premises are being used for temporary lodging.
The bill does not exclude all long-term hotel guests from tenant protections, nor does it eliminate judicial discretion. Rather, it establishes a clearer statutory framework to distinguish between indi- viduals using hotels for temporary accommodations and individuals func- tioning as residential tenants. Providing clearer standards will assist courts in making more consistent determinations and help ensure that hotels are able to operate effectively while preserving appropriate legal protections for those whose use of the premises is residential in nature.
Prior legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.