NY State Senate Bill 2017-S7388

Senate Bill S7388

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

Archive: Last Bill Status Via A8684 - 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 23, 2018	signed chap.205
Aug 13, 2018	delivered to governor
Jun 19, 2018	returned to assembly passed senate 3rd reading cal.354 substituted for s7388b
Jun 19, 2018	substituted by a8684b
Jun 11, 2018	amended on third reading 7388b
Feb 27, 2018	amended on third reading 7388a
Feb 06, 2018	advanced to third reading
Feb 05, 2018	2nd report cal.
Jan 30, 2018	1st report cal.354
Jan 11, 2018	referred to housing, construction and community development

Votes

- Jun 19, 2018 - Floor Vote
  A8684
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2018
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (1)
      
      Croci
  Jan 30, 2018 - Housing, Construction And Community Development Committee Vote
  S7388
  
  8
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Jan 30, 2018
      
      aye (8)
      
      Avella
      
      Bailey
      
      Boyle
      
      Brooks
      
      Gallivan
      
      Krueger
      
      Little
      
      Young
      
      aye wr (1)
      
      Bonacic

Bill Amendments

Original

B (Active)

2017-S7388 - Details

Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §749, RPAP L

2017-S7388 - 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-S7388 - Sponsor Memo

                                
 
BILL NUMBER: S7388

SPONSOR: TEDISCO
 
TITLE OF BILL:  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

 
PURPOSE:

This bill requires officers executing a warrant of eviction to check the
property for companion animals and to coordinate the safe removal of
such animals with the evictee.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision two of section 740 of the real property
actions and proceedings law.

Section two sets forth the effective date.

JUSTIFICATION:

A marshal executing an order of eviction against a Brooklyn family
locked the family out of the apartment when they were not home, leaving
their possessions and two-year-old pit bull trapped inside.  The inno-
cent animal was locked inside a small cage in the apartment for two days
until the caregiver won a court order to enter the apartment and rescue
his dog. The dog, which had been rescued from an abusive home, had no
food, only a small water bowl and no place to relieve herself.

When a marshal executes an eviction order and takes legal possession of
the property located within the evictee's premises, the marshal is
required to prepare a written inventory of all items inside, store the
items for a specified amount of time, and allow the evicted tenant to
later retrieve their belongings. Since animals are considered property
under the law, there is no distinction between how a couch and an animal
is treated. Unlike couches, animals are living sentient beings, and need
food, water, air and affection to survive. They cannot be treated like
other property. This bill would ensure that the safety and wellbeing of
an animal is not compromised when a tenant is evicted.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7388 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7388
 
                             I N  S E N A T E
 
                             January 11, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 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-S7388A - Details

Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §749, RPAP L

2017-S7388A - Summary

2017-S7388A - Sponsor Memo

                                
 
BILL NUMBER: S7388A

SPONSOR: TEDISCO
 
TITLE OF BILL:  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

 
PURPOSE:

This bill requires officers executing a warrant of eviction to check the
property for companion animals and to coordinate the safe removal of
such animals with the evictee.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision two of section 740 of the real property
actions and proceedings law.

Section two sets forth the effective date.

JUSTIFICATION:

A marshal executing an order of eviction against a Brooklyn family
locked the family out of the apartment when they were not home, leaving
their possessions and two-year-old pit bull trapped inside.  The inno-
cent animal was locked inside a small cage in the apartment for two days
until the caregiver won a court order to enter the apartment and rescue
his dog. The dog, which had been rescued from an abusive home, had no
food, only a small water bowl and no place to relieve herself.

When a marshal executes an eviction order and takes legal possession of
the property located within the evictee's premises, the marshal is
required to prepare a written inventory of all items inside, store the
items for a specified amount of time, and allow the evicted tenant to
later retrieve their belongings. Since animals are considered property
under the law, there is no distinction between how a couch and an animal
is treated. Unlike couches, animals are living sentient beings, and need
food, water, air and affection to survive. They cannot be treated like
other property. This bill would ensure that the safety and wellbeing of
an animal is not compromised when a tenant is evicted.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7388A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7388--A
     Cal. No. 354
 
                             I N  S E N A T E
 
                             January 11, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in 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,  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 ASSOCIATION 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  COMPANION  ANIMAL OR ANIMALS. DISPOSITION OF SUCH COMPANION ANIMAL
 OR ANIMALS SHALL BE IN ACCORDANCE WITH THE PROVISIONS  OF  SECTIONS  ONE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13519-03-8

 S. 7388--A                          2
 
 HUNDRED  SEVENTEEN AND THREE HUNDRED SEVENTY-FOUR OF THE AGRICULTURE AND
 MARKETS LAW, AND ALL OTHER LAWS, RULES AND REGULATIONS THAT  GOVERN  THE
 HUMANE  TREATMENT  OF ANIMALS. "COMPANION ANIMAL," AS USED IN THIS PARA-
 GRAPH,  SHALL  HAVE  THE SAME MEANING AS PROVIDED IN SUBDIVISION FIVE OF
 SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   § 2. This act shall take effect immediately.

2017-S7388B (ACTIVE) - Details

Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §749, RPAP L

2017-S7388B (ACTIVE) - Summary

2017-S7388B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7388B

SPONSOR: TEDISCO
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires officers executing a warrant of eviction to check the
property for companion animals and to coordinate the safe removal of
such animals with the evictee.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision two of section 749 of the real property
actions and proceedings law.

Section two sets forth the effective date.

 
JUSTIFICATION:

A marshal executing an order of eviction against a Brooklyn family
locked the family out of the apartment when they were not home, leaving
their possessions and two-year-old pit bull trapped inside.  The inno-
cent animal was locked inside a small cage in the apartment for two days
until the caregiver won a court order to enter the apartment and rescue
his dog. The dog, which had been rescued from an abusive home, had no
food, only a small water bowl and no place to relieve herself.

When a marshal executes an eviction order and takes legal possession of
the property located within the evictee's premises, the marshal is
required to prepare a written inventory of all items inside, store the
items for a specified amount of time, and allow the evicted tenant to
later retrieve their belongings. Since animals are considered property
under the law, there is no distinction between how a couch and an animal
is treated. Unlike couches, animals are living sentient beings, and need
food, water, air and affection to survive. They cannot be treated like
other property. This bill would ensure that the safety and wellbeing of
an animal is not compromised when a tenant is evicted.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7388B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7388--B
     Cal. No. 354
 
                             I N  S E N A T E
 
                             January 11, 2018
                                ___________
 
 Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  --  reported  favorably  from  said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading -- again amended and ordered  reprinted,  retaining  its
   place in 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
 MUNICIPALITY IN WHICH THE ANIMAL WAS FOUND 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13519-08-8

 S. 7388--B                          2
 
 LOCATION  OF  SUCH  COMPANION  ANIMAL  OR  ANIMALS.  DISPOSITION OF SUCH
 COMPANION ANIMAL OR ANIMALS SHALL BE IN ACCORDANCE WITH  THE  PROVISIONS
 OF  SECTIONS ONE HUNDRED SEVENTEEN AND THREE HUNDRED SEVENTY-FOUR OF THE
 AGRICULTURE  AND  MARKETS LAW, AND ALL OTHER LAWS, RULES AND REGULATIONS
 THAT GOVERN THE HUMANE TREATMENT OF ANIMALS. "COMPANION ANIMAL," AS USED
 IN THIS PARAGRAPH, SHALL HAVE THE SAME MEANING AS PROVIDED  IN  SUBDIVI-
 SION  FIVE OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS
 LAW.
   § 2. This act shall take effect immediately.

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