NY A09907

Property owners or authorized agents may request police officers to immediately remove unauthorized occupants from residential dwellings by submitting a sworn complaint meeting specified conditions.

Conditions for removal include: occupant unlawfully entered and remains, property was not open to public, owner directed occupant to leave, occupant is not a tenant with valid lease or immediate family member, and no pending litigation exists regarding the property.

Police officers must verify the complainant's ownership or authority and serve a notice to vacate without delay, which may be hand-delivered or posted on the dwelling's entrance.

Property owners may request police stand by while they change locks and remove the unlawful occupant's personal property; neither police nor owners are liable for property damage unless removal was wrongful.

Persons removed under this procedure may sue for wrongful removal and recover actual damages, triple the fair market rent as statutory damages, court costs, and attorney fees; the court must expedite such cases.