New York S 5819: Relates to the definition of veteran

Status: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (as of 2020-01-08)

State: New York · Session: 2019-2020 · Bill: S 5819

Sponsors: METZGER

Bill Text

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S05819 Summary:

BILL NOS05819 

&nbsp

SAME ASNo Same As

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SPONSORSEPULVEDA

&nbsp

COSPNSRCANZONERI-FITZPATRICK, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §711, RPAP L

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Extends the time period for tenancy rights from 30 days to 90 days of possession; requires the adjudication of certain recovery proceedings to occur within 30 days of the filing of the petition.

Go to top S05819 Actions:

BILL NOS05819 

&nbsp

03/03/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS05819 Committee&nbspVotes:

Go to topS05819 Floor&nbspVotes:

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

Go to topS05819 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5819

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sens. SEPULVEDA, CANZONERI-FITZPATRICK, RHOADS -- 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 clarifying the definition of "tenant" and makes provisions
 relating to recovery proceedings

 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] ninety consec-
 7 utive days or longer. A tenant shall not include a squatter. For the
 8 purposes of this section, a squatter is a person who enters onto or
 9 intrudes upon real property without the permission of the person enti-
 10 tled to possession, and continues to occupy the property without title,
 11 right or permission of the owner or owner's agent or a person entitled
 12 to possession. In the event of a conflict between the provisions regard-
 13 ing squatters of this section and the provisions of subdivision three of
 14 section seven hundred thirteen of this article, the provisions of
 15 section seven hundred thirteen of this article shall be controlling. No
 16 tenant or lawful occupant of a dwelling or housing accommodation shall
 17 be removed from possession except in a special proceeding. A special
 18 proceeding may be maintained under this article upon the following
 19 grounds:
 20 § 2. Subdivision 1 of section 711 of the real property actions and
 21 proceedings law, as amended by chapter 305 of the laws of 1963, is
 22 amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10472-01-5

 S. 5819 2

 1 1. The tenant continues in possession of any portion of the premises
 2 after the expiration of [his] such tenant's term, without the permission
 3 of the landlord or, in a case where a new lessee is entitled to
 4 possession, without the permission of the new lessee. Acceptance of rent
 5 after commencement of the special proceeding upon this ground shall not
 6 terminate such proceeding nor effect any award of possession to the
 7 landlord or to the new lessee, as the case may be. A proceeding seeking
 8 to recover possession of real property by reason of the termination of
 9 the term fixed in the lease pursuant to a provision contained therein
 10 giving the landlord the right to terminate the time fixed for occupancy
 11 under such agreement if [he deem] such landlord deems the tenant objec-
 12 tionable, shall not be maintainable unless the landlord shall by compe-
 13 tent evidence establish to the satisfaction of the court that the tenant
 14 is objectionable. Notwithstanding any provision of law or regulation to
 15 the contrary, a court of competent jurisdiction shall adjudicate any
 16 proceeding related to this subdivision within thirty days of the filing
 17 of a petition.
 18 § 3. This act shall take effect immediately.

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