New York 2025-2026 Regular Session

New York Senate Bill S01166

Introduced
1/8/25  
Refer
1/8/25  

Caption

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.

Summary

Bill S01166 amends the real property actions and proceedings law in New York by providing an exclusion for treble damages in cases of forcible or unlawful entry or detainer. Specifically, the bill stipulates that individuals who enter or occupy real property without a lease or license from the rightful owner, or without the owner's permission, will not be entitled to recover treble damages for their unlawful actions. This change aims to clarify the rights of property owners against unauthorized occupants and to deter unlawful entry.

Impact

The bill will impact the enforcement of property rights in New York by limiting the ability of unauthorized occupants to claim treble damages in legal actions related to forcible entry or detainer. This could lead to a decrease in litigation costs for property owners and may encourage more property owners to take action against unlawful occupants, knowing that treble damages will not be awarded to those who do not have rightful claim to the property.

Sentiment

The sentiment around Bill S01166 appears to be generally supportive among property owners and landlords, who see it as a necessary measure to protect their rights. However, there may be concerns from tenant advocacy groups who argue that it could disproportionately affect vulnerable individuals who may be unlawfully occupying properties due to housing instability or other socio-economic factors.

Contention

Notable points of contention include the potential impact on vulnerable populations who may find themselves in situations of unlawful occupancy. Advocates for tenants' rights may argue that the bill could lead to increased evictions without adequate protections for those who are in precarious housing situations. On the other hand, property owners and landlords argue that the bill is essential for safeguarding their property rights and preventing abuse of the legal system by unauthorized occupants.

Companion Bills

NY A07774

Same As 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.

Previously Filed As

NY A07774

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.

NY S01174

Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

NY A07791

Adds to the definition of trespassing in the third degree, not having entered a lease or license for such building or real property with the rightful owner, enters or remains in such building or upon such real property or otherwise occupies such building or real property without title, right, permission of the rightful owner, or payment of rent accepted by the rightful owner.

NY S01170

Excludes persons who, not having entered a lease or license for such dwelling with the rightful owner, enters into a dwelling unit, 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 from the definition of "occupant" for the purposes of unlawful eviction.

NY A07787

Excludes persons who, not having entered a lease or license for such dwelling with the rightful owner, enters into a dwelling unit, 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 from the definition of "occupant" for the purposes of unlawful eviction.

NY SB0177

Return of firearm to rightful owner.

NY S09287

Establishes a real property tax exemption for certain property owners who reside full-time on such property in certain counties; requires that such owners occupy such property as their primary residence and are enrolled in or eligible for the STAR exemption or credit or that such owners rent to a tenant for a term of at least twelve months and such tenant occupies such property as their primary residence.

NY A11243

Establishes a real property tax exemption for certain property owners who reside full-time on such property in certain counties; requires that such owners occupy such property as their primary residence and are enrolled in or eligible for the STAR exemption or that such owners rent to a tenant for a term of at least twelve months and such tenant occupies such property as their primary residence.

NY H7284

Allows an owner or owners of real property to execute a deed that names one or more beneficiaries who will obtain title to the property at the owner's death without the necessity of probate.

NY S2050

Allows an owner or owners of real property to execute a deed that names one or more beneficiaries who will obtain title to the property at the owner's death without the necessity of probate.

Similar Bills

No similar bills found.