Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.
This bill creates a new, limited procedure for a property owner or the owner’s authorized agent to seek immediate police assistance in removing unauthorized persons from a residential dwelling. The remedy is available only when specific conditions are met, including that the property is residential, the occupants entered unlawfully, the property was not open to the public, the owner has already directed the occupants to leave, the occupants are not tenants, immediate family members, or parties to pending litigation, and the requester can verify ownership or authority to act for the owner.
Under the bill, the owner would submit a sworn complaint to local police in the county where the property is located. If police verify the complaint and the requester’s entitlement to relief, the officer must serve a notice to immediately vacate and place the owner back in possession without delay. The officer may also verify the identities of occupants and, where appropriate, arrest for trespass or other legal cause. After notice is served, the owner or agent may request police standby while locks are changed and the unlawful occupants’ personal property is removed from the premises.
The bill would amend the Real Property Actions and Proceedings Law by adding a new section 758, creating an alternative to ordinary eviction or court-based proceedings for certain residential property occupation disputes. It would authorize police, rather than a court order, to remove unauthorized occupants in narrowly defined circumstances, while also creating a civil remedy for wrongful removal that includes actual damages, triple fair market rent, costs, and attorney’s fees. The bill also preserves existing criminal enforcement authority for trespass, vandalism, theft, and other crimes, and it expressly limits liability for police and property owners except where a removal is wrongful.
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a property-rights and anti-squatting proposal intended to give owners a faster remedy against unlawful occupancy. The sponsor’s findings emphasize protecting owners, discouraging theft and vandalism, and restoring possession quickly. Because there are no transcripts or vote records provided, there is no documented legislative sentiment in the materials beyond the bill’s own stated rationale.
The main likely point of contention is the shift from a court-centered process to immediate police-assisted removal, which raises concerns about due process, mistaken removal, and the potential for disputes over whether an occupant is truly unauthorized. The bill attempts to address those concerns by excluding current or former tenants, family members, and properties involved in pending litigation, and by creating penalties for false complaints and wrongful removals. Another likely issue is the practical burden on police to verify ownership, occupancy status, and entitlement to relief before acting, as well as the risk that the procedure could be misused in landlord-tenant or title disputes.