Bill > S01174

This bill amends the New York State Penal Law to expand the definition of criminal trespass in the third degree. Specifically, it adds a new provision that makes it a criminal offense for someone to enter or remain in a building or on real property without having a lease or license from the rightful owner, and without having title, permission, or having paid rent accepted by the owner. The bill provides an important legal clarification by establishing that a person can be charged with trespassing even if they were not explicitly told to leave, as long as they do not have a legitimate right to be on the property. The bill includes a protective clause for tenants, stating that in any prosecution under this new provision, it would be an affirmative defense if the defendant can prove they are a tenant as defined in the real property actions and proceedings law. This change appears designed to give property owners more legal recourse against unauthorized occupants and to provide clearer guidelines for prosecuting trespassing cases. The law would take effect immediately upon enactment.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1174