Bill Text: NY A09906 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for an exclusion for treble damages in actions for forcible or unlawful entry or detainer where such treble damages are unavailable to a person who, not having entered a lease or license for such real property with the rightful owner, enters onto real property or otherwise settles on land or occupies real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-04-26 - referred to judiciary [A09906 Detail]

Download: New_York-2023-A09906-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9906

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced  by  M.  of  A. STERN, FLOOD -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  providing an exclusion for treble damages in actions for
          forcible or unlawful entry or detainer

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  853 of the real property actions and proceedings
     2  law, as amended by chapter 467 of the laws of 1981, is amended  to  read
     3  as follows:
     4    §  853.  Action  for  forcible  or  unlawful entry or detainer; treble
     5  damages. 1. If a person is disseized, ejected, or put out of real  prop-
     6  erty  in  a  forcible or unlawful manner, or, after [he] such person has
     7  been put out, is held and kept out by force or  by  putting  [him]  such
     8  person  in  fear  of  personal  violence or by unlawful means, [he] such
     9  person is entitled to recover  treble  damages  in  an  action  therefor
    10  against the wrong-doer.
    11    2.  For  the  purposes of this section, a "person" shall not include a
    12  person who, not having entered a lease or license for such real property
    13  with the rightful owner, enters onto real property or otherwise  settles
    14  on  land  or  occupies real property without title, right, permission of
    15  the rightful owner, or payment of rent accepted by the rightful owner.
    16    § 2. This act shall take effect immediately and shall apply to actions
    17  and proceedings commenced on or after such effective date.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14649-01-4