New York A 11492: Provides criteria for determining whether an individual is a transient occupant

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A11492 Summary:

BILL NOA11492 

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SAME ASSAME AS S10464

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SPONSORRules (Shimsky)

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COSPNSR

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MLTSPNSR

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Amd §711, RPAP L

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Provides criteria for determining whether an individual is a transient occupant when determining whether a landlord-tenant relationship exists.

Go to top A11492 Actions:

BILL NOA11492 

&nbsp

05/28/2026referred to judiciary

Go to topA11492 Committee&nbspVotes:

Go to topA11492 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA11492 Text:

 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 Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph of section 711 of the real property
 2 actions and proceedings law, as amended by section 1 of part II of chap-
 3 ter 56 of the laws of 2024, is amended to read as follows:
 4 A tenant shall include an occupant of one or more rooms in a rooming
 5 house or a resident, not including a transient occupant, of one or more
 6 rooms in a hotel who has been in possession for thirty consecutive days
 7 or longer. For purposes of this section, in determining whether a person
 8 is a transient occupant, a court shall consider the totality of the
 9 circumstances, including, but not limited to, the following factors:
 10 whether the person maintains a primary residence at another location;
 11 whether the person maintains indicia of residence at another location,
 12 including, but not limited to, receiving mail or maintaining official
 13 records, including identification, voter registration, or tax filings;
 14 the location of the person's employment or principal place of business;
 15 the purpose of the hotel stay; and any other indicia demonstrating
 16 whether the premises are being used for temporary lodging. A tenant
 17 shall not include a squatter. For the purposes of this section, a squat-
 18 ter is a person who enters onto or intrudes upon real property without
 19 the permission of the person entitled to possession, and continues to
 20 occupy the property without title, right or permission of the owner or
 21 owner's agent or a person entitled to possession. In the event of a
 22 conflict between the provisions regarding squatters of this section and
 23 the provisions of subdivision three of section seven hundred thirteen of
 24 this article, the provisions of section seven hundred thirteen of this
 25 article shall be controlling. No tenant or lawful occupant of a dwelling
 26 or housing accommodation shall be removed from possession except in a
 27 special proceeding. A special proceeding may be maintained under this
 28 article upon the following grounds:
 29 § 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

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