Assembly Bill A8684B

Signed By Governor
2017-2018 Legislative Session

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Actions
Votes

Bill Amendments

2017-A8684 - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

2017-A8684 - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

2017-A8684 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8684
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  the  presence  of  a  companion  animal when executing a
   warrant for eviction or dispossession of property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 749 of the real property actions
 and proceedings law, as amended by chapter 256 of the laws of  2009,  is
 amended to read as follows:
   2. (A) The officer to whom the warrant is directed and delivered shall
 give  at  least  seventy-two  hours  notice,  excluding any period which
 occurs on a Saturday, Sunday or a public holiday, in writing and in  the
 manner  prescribed  in this article for the service of a notice of peti-
 tion, to the person or persons to be evicted or dispossessed  and  shall
 execute the warrant between the hours of sunrise and sunset.
   (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
 COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
 SUCH  PERSON  OR  PERSONS  TO  BE  EVICTED  OR DISPOSSESSED FOR THE SAFE
 REMOVAL OF SUCH COMPANION ANIMAL. "COMPANION ANIMAL," AS  USED  IN  THIS
 PARAGRAPH, SHALL HAVE THE SAME MEANING AS IN SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13519-01-7

2017-A8684A - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

2017-A8684A - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

2017-A8684A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8684--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  the  presence  of  a  companion  animal when executing a
   warrant for eviction or dispossession of property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 749 of the real property actions
 and proceedings law, as amended by chapter 256 of the laws of  2009,  is
 amended to read as follows:
   2. (A) The officer to whom the warrant is directed and delivered shall
 give  at  least  seventy-two  hours  notice,  excluding any period which
 occurs on a Saturday, Sunday or a public holiday, in writing and in  the
 manner  prescribed  in this article for the service of a notice of peti-
 tion, to the person or persons to be evicted or dispossessed  and  shall
 execute the warrant between the hours of sunrise and sunset.
   (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
 COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
 SUCH  PERSON OR PERSONS TO BE EVICTED OR DISPOSSESSED TO PROVIDE FOR THE
 SAFE AND PROPER CARE OF  SUCH  COMPANION  ANIMAL  OR  ANIMALS.  IF  SUCH
 PERSONS  TO  BE EVICTED OR DISPOSSESSED CANNOT BE FOUND AFTER REASONABLE
 EFFORTS ARE MADE TO COORDINATE WITH SUCH  PERSONS,  SUCH  OFFICER  SHALL
 PROMPTLY  COORDINATE  WITH  A  DULY  INCORPORATED HUMANE SOCIETY, A DULY
 INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  OR  ANY
 POUND  MAINTAINED  BY  OR  UNDER  CONTRACT OR AGREEMENT WITH ANY COUNTY,
 CITY, TOWN OR VILLAGE FOR THE SAFE REMOVAL OF SUCH COMPANION  ANIMAL  OR
 ANIMALS. SUCH OFFICER SHALL MAKE REASONABLE EFFORTS TO PROVIDE NOTICE TO
 THE  PERSON  OR  PERSONS  TO  BE  EVICTED REGARDING THE LOCATION OF SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2017-A8684B (ACTIVE) - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

2017-A8684B (ACTIVE) - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

2017-A8684B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8684--B
                                                         Cal. No. 875
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 25, 2017
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary -- recommitted to the Committee on Judiciary in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported and referred to the Committee  on  Codes  --  reported
   from  committee,  advanced  to  a  third  reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  the  presence  of  a  companion  animal when executing a
   warrant for eviction or dispossession of property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 749 of the real property actions
 and proceedings law, as amended by chapter 256 of the laws of  2009,  is
 amended to read as follows:
   2. (A) The officer to whom the warrant is directed and delivered shall
 give  at  least  seventy-two  hours  notice,  excluding any period which
 occurs on a Saturday, Sunday or a public holiday, in writing and in  the
 manner  prescribed  in this article for the service of a notice of peti-
 tion, to the person or persons to be evicted or dispossessed  and  shall
 execute the warrant between the hours of sunrise and sunset.
   (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
 COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
 SUCH  PERSON OR PERSONS TO BE EVICTED OR DISPOSSESSED TO PROVIDE FOR THE
 SAFE AND PROPER CARE OF  SUCH  COMPANION  ANIMAL  OR  ANIMALS.  IF  SUCH
 PERSONS  TO  BE EVICTED OR DISPOSSESSED CANNOT BE FOUND AFTER REASONABLE
 EFFORTS ARE MADE TO COORDINATE WITH SUCH PERSONS, OR IF SUCH  PERSON  IS
 FOUND  AND  DECLINES  TO TAKE POSSESSION OF SUCH ANIMAL OR ANIMALS, SUCH
 OFFICER SHALL PROMPTLY COORDINATE  WITH  THE  DULY  INCORPORATED  HUMANE
 SOCIETY,  DULY  INCORPORATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO
 ANIMALS OR POUND MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT  WITH  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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