New York A 709: Establishes a New York state legislative research service

Bill Text

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A00709 Summary:

BILL NOA00709 

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SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L

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Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; requires petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

Go to top A00709 Actions:

BILL NOA00709 

&nbsp

01/08/2025referred to housing

01/07/2026referred to housing

Go to topA00709 Committee&nbspVotes:

Go to topA00709 Floor&nbspVotes:

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

Go to topA00709 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 709

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Housing

 AN ACT to amend the real property actions and proceedings law, in
 relation to proceedings to recover possession

 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] No tenant in a residential dwelling shall be removed from
 5 possession except in a special proceeding or through other judicial
 6 process. For the purposes of this article, a tenant shall include an
 7 occupant of one or more rooms in a rooming house or a resident, not
 8 including a transient occupant, of one or more rooms in a hotel who has
 9 been in possession for thirty consecutive days or longer. A tenant shall
 10 not include a squatter. For the purposes of this section, a squatter is
 11 a person who enters onto or intrudes upon real property without the
 12 permission of the person entitled to possession, and continues to occupy
 13 the property without title, right or permission of the owner or owner's
 14 agent or a person entitled to possession. In the event of a conflict
 15 between the provisions regarding squatters of this section and the
 16 provisions of subdivision three of section seven hundred thirteen of
 17 this article, the provisions of section seven hundred thirteen of this
 18 article shall be controlling. No tenant or lawful occupant of a dwelling
 19 or housing accommodation shall be removed from possession except in a
 20 special proceeding. A special proceeding may be maintained under this
 21 article upon the following grounds:
 22 § 2. Subdivision 1 of section 721 of the real property actions and
 23 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 24 to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02401-01-5

 A. 709 2

 1 1. The landlord or lessor, provided, however, that no person may
 2 institute a proceeding pursuant to this article with respect to premises
 3 located in a multiple dwelling until such time as the owner of the
 4 multiple dwelling has registered properly with the agency responsible
 5 for code enforcement, in accordance with the provisions of section three
 6 hundred of the multiple residence law or section three hundred of the
 7 multiple dwelling law.
 8 § 3. Subdivision 1 of section 731 of the real property actions and
 9 proceedings law, as amended by chapter 563 of the laws of 1994, is
 10 amended to read as follows:
 11 1. The special proceeding prescribed by this article shall be
 12 commenced by petition and a notice of petition prepared in accordance
 13 with rules approved by the appellate division with jurisdiction over the
 14 proceedings. Such rules shall provide for the use of language that is
 15 designed to be understood by the respondent in the proceeding. The peti-
 16 tion shall include such other notice of the rights of the respondent as