Bill Text: NY A01806 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the illegal occupancy of multiple dwellings by broadening present law to allow application to a wider range of illegal activities including but not limited to gambling, prostitution and illegal possession of a controlled substance or marijuana and allows a wider range of interested parties to begin eviction proceedings; also allows for the presumption of illegal occupancy of buildings based on prior criminal record.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2014-06-02 - held for consideration in judiciary [A01806 Detail]
Download: New_York-2013-A01806-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1806
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. TENNEY, FINCH, KOLB -- read once and referred to
the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law and the
real property law, in relation to illegal occupancy of certain prem-
ises; and to repeal subdivision 3 of section 715 of the real property
actions and proceedings law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 5 of section 711 of the real property actions
2 and proceedings law, as added by chapter 312 of the laws of 1962, is
3 amended to read as follows:
4 5. The premises, or any part thereof, are used or occupied [as a
5 bawdy-house, or house or place of assignation for lewd persons, or] for
6 purposes of prostitution, ILLEGAL GAMBLING, ILLEGAL POSSESSION, MANUFAC-
7 TURE OR SALE OF A CONTROLLED SUBSTANCE OR MARIJUANA or for any OTHER
8 illegal trade, ACTIVITY, BUSINESS or manufacture[, or other illegal
9 business]. FOR PURPOSES OF THIS SECTION, TWO OR MORE CONVICTIONS OF A
10 TENANT OR OCCUPANT WITHIN A PERIOD OF TWO YEARS, FOR ANY OF THE OFFENSES
11 DESCRIBED IN ARTICLE TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-ONE, TWO
12 HUNDRED TWENTY-FIVE OR TWO HUNDRED THIRTY OF THE PENAL LAW ARISING OUT
13 OF CONDUCT OCCURRING WITHIN ONE THOUSAND FEET OF THE SUBJECT PREMISES OR
14 ANY PART THEREOF, OR TWO OR MORE CONVICTIONS OF ANY PERSON, WITHIN A
15 PERIOD OF ONE YEAR, FOR ANY OF THE OFFENSES DESCRIBED IN ARTICLE TWO
16 HUNDRED TWENTY, TWO HUNDRED TWENTY-ONE, TWO HUNDRED TWENTY-FIVE OR TWO
17 HUNDRED THIRTY OF THE PENAL LAW ARISING OUT OF CONDUCT OCCURRING ON THE
18 SUBJECT PREMISES OR ANY PART THEREOF SHALL BE PRESUMPTIVE EVIDENCE OF
19 UNLAWFUL USE OR OCCUPATION OF SUCH PREMISES OR PART THEREOF AND OF THE
20 TENANT'S OR OCCUPANT'S KNOWLEDGE OF SUCH UNLAWFUL USE OR OCCUPATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02942-01-3
A. 1806 2
1 S 2. Subdivision 1 of section 715 of the real property actions and
2 proceedings law, as amended by chapter 555 of the laws of 1978, is
3 amended to read as follows:
4 1. [An] ANY owner or tenant[, including a tenant of one or more rooms
5 of an apartment house, tenement house or multiple dwelling,] of any
6 premises within [two hundred] ONE THOUSAND feet from other [demised]
7 RENTED, OWNED OR SQUATTED UPON real property used or occupied in whole
8 or in part [as a bawdy-house, or house or place of assignation for lewd
9 persons, or] for purposes of prostitution, or for any OTHER illegal
10 trade, ACTIVITY, business or manufacture, [or any domestic corporation
11 organized for the suppression of vice, subject to or which submits to
12 visitation by the state department of social services and possesses a
13 certificate from such department of such fact and of conformity with
14 regulations of the department] OR ANY TENANT ORGANIZATION, BLOCK ASSO-
15 CIATION, OR SIMILAR INCORPORATED OR UNINCORPORATED COMMUNITY ASSOCIATION
16 WHICH IS ORGANIZED FOR THE PRIMARY PURPOSE OF PROMOTING THE PUBLIC
17 WELFARE WITHIN AN AREA ENCOMPASSING ONE THOUSAND FEET OF THE SUBJECT
18 REAL PROPERTY, or any duly authorized enforcement agency of the state or
19 of a subdivision thereof, under a duty to enforce the provisions of the
20 penal law or of any state or local law, ordinance, code, rule or regu-
21 lation relating to buildings, may serve [personally] upon the owner or
22 landlord of the [premises] SUBJECT REAL PROPERTY so used or occupied, or
23 upon his OR HER agent, a written notice requiring the owner or landlord
24 to make an application for the removal of the person so using or occupy-
25 ing the same. WITHIN TEN DAYS AFTER SERVICE OF SUCH NOTICE, SUCH OWNER
26 OR LANDLORD OR HIS AGENT MAY DEMAND, IN WRITING, THAT THE OWNER, TENANT,
27 ORGANIZATION, ASSOCIATION, OR ENFORCEMENT AGENCY SERVING THE NOTICE
28 PROVIDE A WRITTEN STATEMENT PARTICULARIZING THE BASIS FOR SUCH NOTICE.
29 If the owner or landlord or his OR HER agent does not make such applica-
30 tion FOR REMOVAL within [five] TEN days [thereafter] AFTER SERVICE OF
31 THE NOTICE, OR, IF A TIMELY DEMAND FOR A WRITTEN STATEMENT PARTICULARIZ-
32 ING THE BASIS FOR THE NOTICE IS MADE, WITHIN TEN DAYS AFTER SERVICE OF
33 SUCH STATEMENT UPON THE OWNER OR LANDLORD OR HIS OR HER AGENT; or,
34 having made [it] SUCH APPLICATION FOR REMOVAL, does not in good faith
35 diligently prosecute it, the [person, corporation] OWNER, TENANT, ORGAN-
36 IZATION, ASSOCIATION or enforcement agency giving the notice may bring
37 a proceeding under this article for such removal as though the petition-
38 er were the owner or landlord of the [premises] SUBJECT REAL PROPERTY,
39 and shall have precedence over any similar proceeding thereafter brought
40 by such owner or landlord or to one theretofore brought by him OR HER
41 and not prosecuted diligently and in good faith. Proof of the ill
42 repute of the [demised premises or of the inmates thereof] SUBJECT REAL
43 PROPERTY, ITS OCCUPANTS or of those resorting thereto shall constitute
44 presumptive evidence of the unlawful use of [the demised premises] SUCH
45 REAL PROPERTY required to be stated in the petition for removal. [Both
46 the person in possession of the property and the] THE owner or landlord
47 OF THE REAL PROPERTY AND THE PERSON IN POSSESSION OF THE REAL PROPERTY,
48 IF KNOWN, shall be made respondents in the proceeding. ANY SERVICE OF
49 NOTICE OR DEMAND FOR A WRITTEN STATEMENT PARTICULARIZING THE BASIS FOR
50 SUCH NOTICE SHALL BE MADE IN ACCORDANCE WITH SECTION SEVEN HUNDRED THIR-
51 TY-ONE OF THIS ARTICLE.
52 S 3. Subdivision 2 of section 715 of the real property actions and
53 proceedings law, as added by chapter 494 of the laws of 1976, is amended
54 to read as follows:
55 2. For purposes of this section, two or more convictions of [any
56 person or persons had, within a period of one year, for any of the
A. 1806 3
1 offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30 or
2 230.40 of the penal law arising out of conduct engaged in at the same
3 real property consisting of a dwelling as that term is defined in subdi-
4 vision four of section four of the multiple dwelling law shall be
5 presumptive evidence of conduct constituting use of the premises for
6 purposes of prostitution] A TENANT OR OCCUPANT HAD, WITHIN A PERIOD OF
7 TWO YEARS, FOR ANY OF THE OFFENSES DESCRIBED IN ARTICLES TWO HUNDRED
8 TWENTY, TWO HUNDRED TWENTY-ONE, TWO HUNDRED TWENTY-FIVE AND TWO HUNDRED
9 THIRTY OF THE PENAL LAW ARISING OUT OF CONDUCT OCCURRING WITHIN ONE
10 THOUSAND FEET OF THE SUBJECT REAL PROPERTY, OR TWO OR MORE CONVICTIONS
11 OF ANY PERSON HAD, WITHIN A PERIOD OF ONE YEAR, FOR ANY OF THE OFFENSES
12 DESCRIBED IN THE FOREGOING ARTICLES OF THE PENAL LAW ARISING OUT OF
13 CONDUCT OCCURRING ON THE SUBJECT REAL PROPERTY SHALL BE PRESUMPTIVE
14 EVIDENCE OF UNLAWFUL USE OR OCCUPATION OF SUCH REAL PROPERTY AND OF THE
15 TENANT'S, OCCUPANT'S AND OWNER'S OR LANDLORD'S KNOWLEDGE OF SUCH UNLAW-
16 FUL USE OR OCCUPATION.
17 S 4. Subdivision 3 of section 715 of the real property actions and
18 proceedings law is REPEALED, and subdivisions 4 and 5, as renumbered by
19 chapter 206 of the laws of 1980, are renumbered subdivisions 3 and 4.
20 S 5. Subdivision 3 of section 231 of the real property law, as amended
21 by chapter 203 of the laws of 1980, is amended to read as follows:
22 3. For the purposes of this section, two or more convictions of any
23 person or persons had, within a period of one year, for any of the
24 offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30, or
25 230.40 of the penal law arising out of conduct [engaged] in, at OR ON
26 the [same] SUBJECT premises consisting of a dwelling as that term is
27 defined in subdivision four of section four of the multiple dwelling law
28 shall be presumptive evidence of unlawful use OR OCCUPATION of such
29 premises and of the owners knowledge of [the same] SUCH UNLAWFUL USE OR
30 OCCUPATION.
31 S 6. Subdivision 5 of section 231 of the real property law, as added
32 by chapter 203 of the laws of 1980, is amended to read as follows:
33 5. [The attorney general] ANY DULY AUTHORIZED ENFORCEMENT AGENCY OF
34 THE STATE OR OF ANY SUBDIVISION THEREOF, UNDER A DUTY TO ENFORCE THE
35 PROVISIONS OF THE PENAL LAW OR OF ANY STATE OR LOCAL LAW, ORDINANCE,
36 CODE, RULE OR REGULATIONS RELATING TO BUILDINGS, may commence an action
37 or proceeding in the supreme court to PERMANENTLY enjoin the continued
38 UNLAWFUL USE OR OCCUPATION OF THE SUBJECT PREMISES OR ANY OTHER unlawful
39 trade, ACTIVITY, manufacture or business in, AT OR ON such premises AND
40 TO SECURE A PERMANENT CLOSING ORDER OF THE SUBJECT PREMISES.
41 S 7. Subdivisions 5 and 6 of section 231 of the real property law, as
42 added by chapter 206 of the laws of 1980, are amended to read as
43 follows:
44 [5.] 6. For the purposes of this section, two or more convictions of
45 any person or persons had, within a period of one year, for any of the
46 offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
47 225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
48 conduct [engaged] in, at OR ON the [same] SUBJECT premises consisting of
49 a dwelling as that term is defined in subdivision four of section four
50 of the multiple dwelling law shall be presumptive evidence of unlawful
51 use OR OCCUPATION of such premises and of the owner's AND TENANT'S know-
52 ledge of [the same] SUCH UNLAWFUL USE OR OCCUPATION.
53 [6.] 7. Any owner or tenant, including a tenant of one or more rooms
54 of an apartment house, tenement house or multiple dwelling of any prem-
55 ises within [two hundred] ONE THOUSAND feet of the [demised real proper-
56 ty] SUBJECT PREMISES, may commence an action or proceeding in supreme
A. 1806 4
1 court to enjoin the continued unlawful USE OR OCCUPATION OF THE SUBJECT
2 PREMISES OR ANY OTHER UNLAWFUL trade, ACTIVITY, manufacture or [other]
3 business in, AT OR ON such premises.
4 S 8. This act shall take effect on the ninetieth day after it shall
5 have become a law.
