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Bill > S01168


NY S01168

NY S01168
Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 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 a new legal mechanism for property owners to quickly remove unauthorized persons from residential properties under specific conditions. The bill allows property owners or their authorized agents to request immediate removal of individuals unlawfully occupying their residential property by filing a detailed complaint with local police, provided several strict conditions are met. These conditions include: the property was not previously open to the public, the owner has directed the unauthorized persons to leave, the occupants are not current/former tenants, not immediate family members of the owner, and there is no pending litigation related to the property. If the police verify the complaint, they must serve an immediate vacate notice to the occupants, potentially arrest individuals for trespassing, and assist the property owner in regaining possession of the property. The bill includes protections for both property owners and potential occupants, allowing for civil action if a removal is deemed wrongful, with potential damages up to triple the fair market rent. The legislation aims to protect property rights, discourage unauthorized occupation, and provide a swift legal remedy for property owners while maintaining safeguards against potential abuse of the process.

Committee Categories

Housing and Urban Affairs

Sponsors (4)

Last Action

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

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