Bill
Bill > S08867
NY S08867
NY S08867Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.
summary
Introduced
03/22/2024
03/22/2024
In Committee
03/22/2024
03/22/2024
Crossed Over
Passed
Dead
12/31/2024
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)
Mario Mattera (R)*,
George Borrello (R),
Patricia Canzoneri-Fitzpatrick (R),
Patrick Gallivan (R),
Joe Griffo (R),
Pam Helming (R),
Monica Martinez (D),
Jack Martins (R),
Dean Murray (R),
Peter Oberacker (R),
Rob Ortt (R),
Tony Palumbo (R),
Steve Rhoads (R),
Rob Rolison (R),
Jessica Scarcella-Spanton (D),
James Skoufis (D),
Dan Stec (R),
Jim Tedisco (R),
Bill Weber (R),
Alexis Weik (R),
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
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.nysenate.gov/legislation/bills/2023/S8867 | 03/22/2024 |
| BillText | https://assembly.state.ny.us/leg/?default_fld=&bn=S08867&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S08867 | 03/22/2024 |
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