S 10229 NY
Establishes a process for when a tenant dies and leaves an apartment unoccupied
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Summary
This bill establishes a process for landlords to recover possession of an apartment when a tenant dies and leaves the apartment unoccupied. If more than 60 days have passed since the death, no one has taken possession, and no estate administrator or executor has been appointed, the landlord may commence a legal proceeding against the public administrator to gain possession of the premises. If any tenant or occupant appears in the proceeding or demonstrates a possessory claim to the apartment, the proceeding is dismissed and the occupant's rights are preserved. The law takes effect immediately.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Establishes a process for when a tenant dies and leaves an apartment unoccupied, no representative or person has taken possession of the premises, no administrator or executor has been appointed, and more than sixty days have elapsed since the date of death, a summary proceeding under this article may be commenced against the public administrator seeking a possessory judgment.
Sponsor (1)
- Shelley Mayer Democratic · primary
Action history (1)
- May 7, 2026 REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT · upper
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S10229 Summary: BILL NO S10229   SAME AS No Same As   SPONSOR MAYER   COSPNSR   MLTSPNSR   Amd §711, RPAP, L   Establishes a process for when a tenant dies and leaves an apartment unoccupied, no representative or person has taken possession of the premises, no administrator or executor has been appointed, and more than sixty days have elapsed since the date of death, a summary proceeding under this article may be commenced against the public administrator seeking a possessory judgment.
Go to top S10229 Text:
STATE OF NEW YORK ________________________________________________________________________
10229
IN SENATE
May 7, 2026 ___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
AN ACT to amend the real property actions and proceedings law, in relation to establishing a process for when a tenant dies and leaves an apartment unoccupied
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. Section 711 of the real property actions and proceedings 2 law is amended by adding a new subdivision 7 to read as follows: 3 7. (a) Where the tenant has died and the apartment is unoccupied, no 4 representative or person has taken possession of the premises, no admin- 5 istrator or executor has been appointed, and more than sixty days have 6 elapsed since the date of death, a summary proceeding under this article 7 may be commenced against the public administrator seeking a possessory 8 judgment. 9 (b) Should a tenant or occupant of the apartment appear in the 10 proceeding, the proceeding will be dismissed. Entry of any judgment 11 against the public administrator shall be without prejudice to the 12 possessory claims of an occupant, and any warrant issued shall not be 13 effective as against an occupant. 14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14854-01-6
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