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Bill > A09736


NY A09736

NY A09736
Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.


summary

Introduced
04/03/2024
In Committee
04/03/2024
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 are: 1. The property owner or their authorized agent can request the immediate removal of unauthorized occupants from a residential dwelling if specific requirements are met, such as the property not being open to the public, the occupants not being tenants or immediate family members, and there being no pending litigation related to the property. 2. The property owner or agent must submit a complaint form to a police officer, who will then verify the information and serve a notice to immediately vacate on the unlawful occupants, potentially arresting them for trespassing or other offenses. 3. The property owner or agent can then request the police officer to stand by while they change the locks and remove the occupants' personal property from the premises. 4. The bill allows for civil causes of action if the removal was wrongful, with the possibility of the occupants being restored to possession and the property owner liable for damages, costs, and attorney's fees. 5. The provisions do not limit the property owner's rights or the police officer's authority to arrest occupants for criminal acts.

Committee Categories

Justice

Sponsors (1)

Last Action

enacting clause stricken (on 04/10/2024)

Bill Topics

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

bill text


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