NY State Senate Bill 2021-S7376A

Senate Bill S7376A

2021-2022 Legislative Session

Prohibits naming dependent children under the age of 18 in petitions to recover possession of real property and eviction warrants

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Mar 07, 2022	advanced to third reading
Mar 03, 2022	2nd report cal.
Mar 02, 2022	1st report cal.621
Feb 23, 2022	print number 7376a
Feb 23, 2022	amend (t) and recommit to housing, construction and community development
Jan 05, 2022	referred to housing, construction and community development
Sep 13, 2021	referred to rules

Votes

- Mar 2, 2022 - Housing, Construction And Community Development Committee Vote
  S7376A
  
  8
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Mar 2, 2022
      
      aye (8)
      
      Brisport
      
      Jackson
      
      Kavanagh
      
      Mannion
      
      Myrie
      
      Rivera
      
      Ryan
      
      Salazar
      
      nay (1)
      
      Martucci
      
      aye wr (2)
      
      Boyle
      
      Helming

Bill Amendments

Original

A (Active)

2021-S7376 - Details

See Assembly Version of this Bill:: A8559
Current Committee:: Senate Rules
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§741 & 749, RPAP L
Versions Introduced in 2023-2024 Legislative Session:: S5905, A3827

2021-S7376 - Summary

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

2021-S7376 - Sponsor Memo

                                
 
BILL NUMBER: S7376

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to prohibiting naming children under the age of 18 in petitions
to recover possession of real property and eviction warrants and sealing
any records pertaining to such children

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 741 to the real property actions
and proceedings law to provide that no persons under the age of eighteen
shall be named in petitions for eviction proceedings.

Section two of the bill amends subdivision 1 of section 749 of the real
property actions and proceedings law to provide that persons under the
age of eighteen shall not be listed on eviction warrants.

Section three of the bill amends section 749 of the real property
actions and proceedings law to provide that any records pertaining to

the eviction proceeding of a person under the age of eighteen shall be
sealed.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

This legislation will provide that persons under the age of eighteen
shall not be listed in eviction petitions or warrants, and that the
records pertaining to the eviction proceeding of a person under the age
of eighteen shall be sealed.

In recent months, landlords and courts across the country have been
listing children in eviction proceedings and in eviction warrants.  This
practice will have significant negative impacts, particularly for chil-
dren, if it is allowed to continue. Regardless of the ultimate outcome
of any such eviction proceeding, being publicly named in such a matter
in itself has the potential to permanently scar a person's rental histo-
ry, negatively affect a person's credit score, and make it generally
harder to rent, borrow money, and buy a home. Unless such records are
sealed, landlords and lenders could screen such records and reject
people who have been named in eviction proceedings. Accordingly, this
bill would prohibit the naming of children in eviction warrants, and
would seal any such records for eviction proceedings.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7376 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7376
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  prohibiting  naming  children  under  the  age  of 18 in
   petitions to recover possession of real property and eviction warrants
   and sealing any records pertaining to such children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  741 of the real property actions and proceedings
 law, as added by chapter 312 of the laws of 1962, the opening  paragraph
 as  amended  by  chapter  583  of  the laws of 1979 and subdivision 5 as
 amended by chapter 302 of the laws  of  1976,  is  amended  to  read  as
 follows:
   §  741. Contents of petition. 1. The petition shall be verified by the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of such person pursuant to subdivision (d)  of  section  thirty  hundred
 twenty  of  the civil practice law and rules. An attorney of such person
 may verify the petition on information and  belief  notwithstanding  the
 fact  that  such  person  is  in  the  county where the attorney has his
 office. Every petition shall:
   [1.] (A) State the interest of the petitioner  in  the  premises  from
 which removal is sought.
   [2.]  (B)  State  the  respondent's  interest  in the premises and his
 relationship to petitioner with regard thereto.
   [3.] (C) Describe the premises from which removal is sought.
   [4.] (D) State the facts upon which the special proceeding is based.
   [5.] (E) State the relief sought. The relief may  include  a  judgment
 for rent due, and for a period of occupancy during which no rent is due,
 for the fair value of use and occupancy of the premises if the notice of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11850-03-1

 S. 7376                             2
 
 petition  contains  a  notice that a demand for such a judgment has been
 made.
   2.  NO  CHILDREN UNDER THE AGE OF EIGHTEEN SHALL BE NAMED IN THE PETI-
 TION.
   § 2. Subdivision 1 of section 749 of the  real  property  actions  and
 proceedings law, as amended by section 19 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1.  Upon  rendering  a  final judgment for petitioner, the court shall
 issue a warrant directed to the sheriff of the county or to any  consta-
 ble  or marshal of the city in which the property, or a portion thereof,
 is situated, or, if it is not situated in a city, to  any  constable  of
 any  town  in  the county, describing the property, stating the earliest
 date upon which execution may occur pursuant to the order of the  court,
 and  commanding  the officer to remove all persons named in the proceed-
 ing, provided upon a showing of good cause, the court may issue  a  stay
 of  re-letting  or renovation of the premises for a reasonable period of
 time; PROVIDED FURTHER, HOWEVER, THAT NO CHILDREN UNDER THE AGE OF EIGH-
 TEEN SHALL BE NAMED IN THE WARRANT.
   § 3. Section 749 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  IN  THE EVENT THAT A WARRANT IS ISSUED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION AND ANY PERSONS ARE REMOVED FROM A PROPERTY, ANY RECORDS
 PERTAINING TO CHILDREN UNDER THE AGE OF EIGHTEEN WHO WERE RESIDING ON OR
 REMOVED FROM SUCH PROPERTY SHALL BE SEALED AND DEEMED  CONFIDENTIAL.  NO
 DISCLOSURE OR USE OF SUCH INFORMATION RELATING TO CHILDREN UNDER THE AGE
 OF  EIGHTEEN WHO WERE RESIDING ON OR REMOVED FROM SUCH PROPERTY SHALL BE
 AUTHORIZED, AND THE USE OF SUCH INFORMATION SHALL BE PROHIBITED.
   § 4. This act shall take effect immediately.

2021-S7376A (ACTIVE) - Details

See Assembly Version of this Bill:: A8559
Current Committee:: Senate Rules
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §§741 & 749, RPAP L
Versions Introduced in 2023-2024 Legislative Session:: S5905, A3827

2021-S7376A (ACTIVE) - Summary

2021-S7376A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7376A

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to prohibiting naming dependent children under the age of 18 in
petitions to recover possession of real property and eviction warrants
and sealing any records pertaining to such children

 
SUMMARY OF PROVISIONS:

Section one of the bill amends section 741 to the real property actions
and proceedings law to provide that no persons under the age of eighteen
shall be named in petitions for eviction proceedings.

Section two of the bill amends subdivision 1 of section 749 of the real
property actions and proceedings law to provide that persons under the
age of eighteen shall not be listed on eviction warrants.

Section three of the bill amends section 749 of the real property
actions and proceedings law to provide that any records pertaining to
the eviction proceeding of a person under the age of eighteen shall be

sealed.

Section four of the bill sets forth the effective date.

 
JUSTIFICATION:

This legislation will provide that dependent persons under the age of
eighteen shall not be listed in eviction petitions or warrants, and that
the records pertaining to the eviction proceeding of a person under the
age of eighteen shall be sealed.

In recent months, landlords and courts across the country have been
listing children in eviction proceedings and in eviction warrants.  This
practice will have significant negative impacts, particularly for chil-
dren, if it is allowed to continue. Regardless of the ultimate outcome
of any such eviction proceeding, being publicly named in such a matter
in itself has the potential to permanently scar a person's rental histo-
ry, negatively affect a person's credit score, and make it generally
harder to rent, borrow money, and buy a home. Unless such records are
sealed, landlords and lenders could screen such records and reject
people who have been named in eviction proceedings. Accordingly, this
bill would prohibit the naming of children in eviction warrants, and
would seal any such records for eviction proceedings.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7376A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7376--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Housing, Construction and Community Development in
   accordance with Senate Rule 6, sec. 8 --  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 prohibiting naming dependent children under the age of 18
   in petitions to recover  possession  of  real  property  and  eviction
   warrants and sealing any records pertaining to such children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 741 of the real property  actions  and  proceedings
 law,  as added by chapter 312 of the laws of 1962, the opening paragraph
 as amended by chapter 583 of the laws  of  1979  and  subdivision  5  as
 amended  by  chapter  302  of  the  laws  of 1976, is amended to read as
 follows:
   § 741. Contents of petition. 1. The petition shall be verified by  the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of  such  person  pursuant  to subdivision (d) of section thirty hundred
 twenty of the civil practice law and rules. An attorney of  such  person
 may  verify  the  petition on information and belief notwithstanding the
 fact that such person is in  the  county  where  the  attorney  has  his
 office. Every petition shall:
   [1.]  (A)  State  the  interest of the petitioner in the premises from
 which removal is sought.
   [2.] (B) State the respondent's  interest  in  the  premises  and  his
 relationship to petitioner with regard thereto.
   [3.] (C) Describe the premises from which removal is sought.
   [4.] (D) State the facts upon which the special proceeding is based.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11850-04-2

 S. 7376--A                          2
 
   [5.]  (E)  State  the relief sought. The relief may include a judgment
 for rent due, and for a period of occupancy during which no rent is due,
 for the fair value of use and occupancy of the premises if the notice of
 petition contains a notice that a demand for such a  judgment  has  been
 made.
   2.  NO DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN LIVING IN THE SAME
 HOUSEHOLD WITH A PARENT OR GUARDIAN SHALL BE NAMED IN THE PETITION.
   § 2. Subdivision 1 of section 749 of the  real  property  actions  and
 proceedings law, as amended by section 19 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1.  Upon  rendering  a  final judgment for petitioner, the court shall
 issue a warrant directed to the sheriff of the county or to any  consta-
 ble  or marshal of the city in which the property, or a portion thereof,
 is situated, or, if it is not situated in a city, to  any  constable  of
 any  town  in  the county, describing the property, stating the earliest
 date upon which execution may occur pursuant to the order of the  court,
 and  commanding  the officer to remove all persons named in the proceed-
 ing, provided upon a showing of good cause, the court may issue  a  stay
 of  re-letting  or renovation of the premises for a reasonable period of
 time; PROVIDED FURTHER, HOWEVER, THAT NO DEPENDENT  CHILDREN  UNDER  THE
 AGE  OF  EIGHTEEN LIVING IN THE SAME HOUSEHOLD WITH A PARENT OR GUARDIAN
 SHALL BE NAMED IN THE WARRANT.
   § 3. Section 749 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  IN  THE EVENT THAT A WARRANT IS ISSUED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION AND ANY PERSONS ARE REMOVED FROM A PROPERTY, ANY RECORDS
 PERTAINING TO DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN LIVING IN THE
 SAME HOUSEHOLD WITH A PARENT OR GUARDIAN WHO WERE RESIDING ON OR REMOVED
 FROM SUCH PROPERTY SHALL BE SEALED AND DEEMED CONFIDENTIAL.  NO  DISCLO-
 SURE OR USE OF SUCH INFORMATION RELATING TO DEPENDENT CHILDREN UNDER THE
 AGE OF EIGHTEEN WHO WERE RESIDING ON OR REMOVED FROM SUCH PROPERTY SHALL
 BE AUTHORIZED, AND THE USE OF SUCH INFORMATION SHALL BE PROHIBITED.
   § 4. This act shall take effect immediately.

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