Bill Text: NY A05084 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to grounds where no landlord-tenant relationship exists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.358 [A05084 Detail]

Download: New_York-2017-A05084-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5084
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Judiciary
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation to grounds where no landlord-tenant relationship exists
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 7 and 10 of section 713 of the  real  property
     2  actions  and  proceedings  law, subdivision 7 as added by chapter 312 of
     3  the laws of 1962 and subdivision 10 as amended by  chapter  467  of  the
     4  laws of 1981, are amended to read as follows:
     5    7. [He is a licensee of the person entitled to possession of the prop-
     6  erty at the time of the license, and (a) his license has expired, or (b)
     7  his  license has been revoked by the licensor, or (c) the licensor is no
     8  longer entitled to possession of the property;] The person is  an  occu-
     9  pant  who entered into possession of the property lawfully and the legal
    10  basis for the person's entitlement to possession  has  expired  or  been
    11  revoked;  provided,  however,  that  a mortgagee or vendee in possession
    12  shall not be deemed to be a licensee within the meaning of this subdivi-
    13  sion. A residential occupant who has peaceably been in actual possession
    14  of the property for at least thirty  days  shall  not  be  involuntarily
    15  deprived  of  possession  except  by  a  special  proceeding  under this
    16  section.
    17    10. The person in possession has entered the property  or  remains  in
    18  possession  by  force  or  unlawful  means [and he or his predecessor in
    19  interest was not in quiet possession for three years before the time  of
    20  the  forcible  or  unlawful  entry  or  detainer] and the petitioner was
    21  peaceably in actual possession at the time of the forcible  or  unlawful
    22  entry  or  in  constructive  possession  at  the time of the forcible or
    23  unlawful detainer; no notice to quit shall be required in order to main-
    24  tain a proceeding under this subdivision.
    25    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05134-01-7