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Bill > S08867


NY S08867

NY S08867
Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.


summary

Introduced
03/22/2024
In Committee
03/22/2024
Crossed Over
Passed
Dead
12/31/2024

Introduced Session

2023-2024 General Assembly

Bill Summary

AN ACT to amend the real property actions and proceedings law, in relation to providing for a limited alternative remedy to remove unauthorized persons from residential real property

AI Summary

This bill provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met. The key provisions of the bill include: 1. Allowing a property owner or their authorized agent to request the immediate removal of an unauthorized person occupying a residential dwelling from the police, as long as certain conditions are met, such as the property not being open to the public, the occupant not being a tenant or family member, and no pending litigation related to the property. 2. Requiring the property owner or agent to submit a detailed complaint form to the police, who will then verify the information and serve a notice to vacate on the unlawful occupants, potentially arresting them for trespassing or other offenses. 3. Allowing the property owner or agent to request the police to stand by while they change the locks and remove the personal property of the unlawful occupants, without liability for any damage. 4. Providing a civil cause of action for wrongful removal, where the person harmed can be restored to possession and recover damages, costs, and attorney's fees. The bill aims to quickly restore possession of residential real property to the lawful owner while limiting opportunities for criminal activity, but also includes safeguards against abuse of the process.

Committee Categories

Housing and Urban Affairs

Sponsors (20)

Last Action

REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT (on 03/22/2024)

Bill Topics

Law, Crime, and Family Issues
  • ‐ Civil Law and Procedure
  • ‐ Police, Fire, and Law Enforcement
  • ‐ Property Rights

bill text


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