New York S 1168: Provides for a limited alternative remedy to remove unauthorized persons from residential real property

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S01168 Summary:

BILL NOS01168 

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SAME ASSAME AS A07782

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SPONSORMATTERA

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COSPNSRCANZONERI-FITZPATRICK, ROLISON, TEDISCO

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MLTSPNSR

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Add §758, RPAP L

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Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.

Go to top S01168 Actions:

BILL NOS01168 

&nbsp

01/08/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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

Go to topS01168 Committee&nbspVotes:

Go to topS01168 Floor&nbspVotes:

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

Go to topS01168 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1168

 2025-2026 Regular Sessions

 IN SENATE

 January 8, 2025
 ___________

 Introduced by Sen. MATTERA -- 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 for a limited alternative remedy to remove unau-
 thorized persons from residential real property

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings and intent. The Legislature finds that
 2 the right to exclude others from entering, and the right to direct
 3 others to immediately vacate, residential real property are the most
 4 important real property rights. The Legislature further finds that
 5 existing remedies regarding unauthorized persons who unlawfully remain
 6 on residential real property fail to adequately protect the rights of
 7 the property owner and fail to adequately discourage theft and vandal-
 8 ism. The intent of this act is to quickly restore possession of resi-
 9 dential real property to the lawful owner of the property when the prop-
 10 erty is being unlawfully occupied and to thereby preserve property
 11 rights while limiting the opportunity for criminal activity.
 12 § 2. The real property actions and proceedings law is amended by
 13 adding a new section 758 to read as follows:
 14 § 758. Limited alternative remedy to remove unauthorized persons from
 15 residential real property. 1. A property owner or their authorized agent
 16 may request from a police officer, as defined in subdivision thirty-four
 17 of section 1.20 of the criminal procedure law, the immediate removal of
 18 a person or persons unlawfully occupying a residential dwelling pursuant
 19 to this section if all of the following conditions are met:
 20 (a) The requesting person is the property owner or authorized agent of
 21 the property owner;
 22 (b) The real property that is being occupied includes a residential
 23 dwelling;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03685-01-5

 S. 1168 2

 1 (c) An unauthorized person or persons have unlawfully entered and
 2 remain or continue to reside on the property owner's property;
 3 (d) The real property was not open to members of the public at the
 4 time the unauthorized person or persons entered;
 5 (e) The property owner has directed the unauthorized person to leave
 6 the property;
 7 (f) The unauthorized person or persons are not current or former
 8 tenants pursuant to a written or oral rental agreement authorized by the
 9 property owner;
 10 (g) The unauthorized person or persons are not immediate family
 11 members of the property owner; and
 12 (h) There is no pending litigation related to the real property
 13 between the property owner and any known unauthorized person.
 14 2. To request the immediate removal of an unlawful occupant of a resi-
 15 dential dwelling, the property owner or their authorized agent shall
 16 submit a complaint by presenting a completed complaint to remove persons
 17 unlawfully occupying residential real property to a police officer in
 18 the county in which the real property is located. The submitted
 19 complaint must be in substantially the following form:
 20 "COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL
 21 PROPERTY
 22 I, the owner or authorized agent of the owner of the real property
 23 located at _____________