New York 2025-2026 Regular Session

New York Senate Bill S01170

Introduced
1/8/25  
Refer
1/8/25  

Caption

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.

Summary

Bill S01170 amends the real property actions and proceedings law in New York by redefining the term 'occupant' to exclude individuals who occupy a dwelling unit without a lease, license, or permission from the rightful owner. This change specifically targets those who enter or settle on real property without any legal right, title, or accepted payment of rent, effectively streamlining the process for lawful eviction of such individuals. The bill aims to clarify the legal standing of property owners in eviction proceedings and to provide them with more straightforward recourse against unlawful occupants. The impact of this bill on state laws is significant as it modifies existing definitions within the real property actions and proceedings law. By excluding squatters and trespassers from the definition of 'occupant,' property owners may find it easier to initiate eviction processes against individuals who do not have legal claims to the property. This could lead to a more efficient legal framework for property owners, potentially reducing the time and resources spent on eviction proceedings involving unauthorized occupants. The general sentiment surrounding Bill S01170 appears to be supportive among property owners and landlords who advocate for clearer eviction processes. However, there may be concerns from tenant advocacy groups who fear that this bill could lead to increased evictions and a lack of protections for vulnerable populations. The absence of recorded votes and committee discussions suggests that the bill may still be in the early stages of consideration, leaving room for further debate and potential amendments. Notable points of contention may arise from the implications of the bill for vulnerable individuals, such as those facing homelessness or housing insecurity. Critics may argue that the redefinition of 'occupant' could disproportionately affect these groups, leading to unjust evictions without adequate legal protections. Supporters of the bill, on the other hand, may emphasize the need for property owners to have the ability to reclaim their property from unauthorized occupants effectively.

Impact

The bill modifies the legal definition of 'occupant' in the context of unlawful eviction, which could streamline eviction processes for property owners. By clarifying that individuals without a lease or permission from the rightful owner do not qualify as occupants, it may reduce the legal complexities involved in evicting squatters and trespassers. This change is expected to empower property owners in asserting their rights over their properties and may lead to more efficient legal proceedings in eviction cases.

Sentiment

The sentiment around Bill S01170 is generally supportive among property owners and landlords who see it as a necessary clarification in eviction law. However, there are concerns from tenant advocacy groups regarding the potential for increased evictions and the impact on vulnerable populations. The lack of recorded votes and committee discussions indicates that the bill is still being evaluated, and further debate may shape its final form.

Contention

Key points of contention include the potential negative impact on vulnerable individuals who may be unjustly evicted as a result of this bill. Tenant advocacy groups may argue that the bill lacks sufficient protections for those facing housing insecurity. Conversely, property owners and landlords may argue that the bill is essential for protecting their rights and ensuring that they can reclaim their properties from unauthorized occupants.

Companion Bills

NY A07787

Same As 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.

Previously Filed As

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 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 S01166

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 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 SB0177

Return of firearm to rightful owner.

NY SB144

Provide property tax relief to certain senior owners of owner-occupied single-family dwellings.

NY SB85

Provide property tax relief to certain senior owners of owner-occupied single-family dwellings.

NY S02493

Exempts owners of one, two or three unit owner-occupied dwellings from the project notification fee for asbestos removal.

NY S03704

Exempts owners of one, two or three unit owner-occupied dwellings from the project notification fee for asbestos removal.

Similar Bills

No similar bills found.