New York S 2366: Requires comprehensive accident prevention planning for the prevention of petroleum spills and leaks, and auditing thereof, in certain cities

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S02366 Summary:

BILL NOS02366 

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SAME ASNo Same As

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SPONSORSCARCELLA-SPANTON

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COSPNSRMURRAY

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MLTSPNSR

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Amd §711, RPAP L; amd §140.10, Pen L; amd §26-521, NYC Ad Cd

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Excludes squatters from tenant protections; extends the time period for tenancy rights from 30 days to 60 days of possession; adds squatting to the definition of criminal trespass in the third degree; clarifies lease provisions.

Go to top S02366 Actions:

BILL NOS02366 

&nbsp

01/16/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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

Go to topS02366 Committee&nbspVotes:

Go to topS02366 Floor&nbspVotes:

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

Go to topS02366 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2366

 2025-2026 Regular Sessions

 IN SENATE

 January 16, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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 and the
 penal law, in relation to clarifying the definition of "tenant" to
 exclude squatters; and to amend the administrative code of the city of
 New York, in relation to bona fide lease agreements and evictions

 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] sixty 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. Section 711 of the real property actions and proceedings law is
 21 amended by adding a new subdivision 7 to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06425-01-5

 S. 2366 2

 1 7. Notwithstanding any contrary provision of law, for the purposes of
 2 this article, a tenant shall not include a person who enters onto real
 3 property or enters a building with the intent of squatting therein, or
 4 without title, right, and permission of the rightful owner, or payment
 5 of rent to the rightful owner pursuant to a bona fide lease agreement.
 6 § 3. Subdivision (g) of section 140.10 of the penal law, as amended by
 7 chapter 176 of the laws of 2011, is amended to read as follows:
 8 (g) where the property consists of a right-of-way or yard of a rail-
 9 road or rapid transit railroad which has been designated and conspicu-
 10 ously posted as a no-trespass railroad zone; or
 11 (h) with the intent of squatting in such building or upon such real
 12 property or otherwise occupies such building or real property without
 13 title, right, and permission of the rightful owner, or payment of rent
 14 to the rightful owner pursuant to a bona fide lease agreement; provided,
 15 however, that in any prosecution under this subdivision it shall be an
 16 affirmative defense that the defendant is a tenant as defined in section
 17 seven hundred eleven of the real property actions