Provides for a limited alternative remedy to remove unauthorized persons from residential real property if certain conditions are met.
Summary
Bill S01168 aims to amend the real property actions and proceedings law in New York to establish a streamlined process for property owners to remove unauthorized occupants from residential properties. The bill outlines specific conditions under which a property owner or their authorized agent can request immediate removal of unauthorized persons by law enforcement. This includes verifying ownership, ensuring the property is not open to the public, and confirming that the unauthorized occupants are neither tenants nor immediate family members of the property owner.
Impact
If enacted, this bill would significantly alter the existing legal framework surrounding eviction and property rights in New York. It would provide property owners with a more efficient mechanism to reclaim possession of their properties, potentially reducing the time and resources spent on traditional eviction processes. Additionally, it would clarify the responsibilities and liabilities of both property owners and law enforcement during the removal process, which could lead to fewer disputes and legal challenges.
Sentiment
The general sentiment surrounding Bill S01168 appears to be supportive among property owners and advocates for property rights, who argue that the current legal remedies are insufficient to deter unauthorized occupancy and protect property rights. However, there may be concerns from tenant advocacy groups regarding the potential for misuse of the expedited removal process, which could lead to wrongful evictions.
Contention
Notable points of contention include the balance between property rights and tenant protections. Critics of the bill may argue that it could facilitate wrongful removals and disproportionately affect vulnerable populations who may be unable to secure legal representation or defend against eviction claims. Proponents, however, emphasize the need for property owners to have effective means to protect their investments and maintain control over their properties.
Adds to existing law to establish provisions regarding a limited alternative remedy to remove unauthorized persons from residential real property, to provide for the crime of making false statements to detain real property, and to provide for the crime of fraudulent sale or lease of residential real property.
Relating to limitations on certain suits to recover real property held by another in adverse possession; the unauthorized sale, rental, lease, or advertisement for sale, rental, or lease of real property; and the removal of certain unauthorized occupants of a dwelling; creating a criminal offense; authorizing a fee.
An Act Concerning The Removal Of Unauthorized Persons From Real Property, Continuing Education Requirements For Real Estate Licensees, Requiring A Study Of Residential Real Property Wholesaling And Revising The Title Of A Real Estate Salesperson To A Real Estate Agent.