Assembly Bill A3827

2023-2024 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

Sponsored By

Current Bill Status Via S5905 - In Assembly 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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2023-A3827 (ACTIVE) - Details

See Senate Version of this Bill:
S5905
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§741 & 749, RPAP L
Versions Introduced in 2021-2022 Legislative Session:
A8559, S7376

2023-A3827 (ACTIVE) - 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.

2023-A3827 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3827
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 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, subdivision 5 as  amended
 by  chapter 302 of the laws of 1976, and subdivision 6 as added by chap-
 ter 615 of the laws of 2022, 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.
                                                            LBD07674-01-3
 A. 3827                             2
              

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