Senate Bill S5905

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 - 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-S5905 (ACTIVE) - Details

See Assembly Version of this Bill:
A3827
Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§741 & 749, RPAP L
Versions Introduced in 2021-2022 Legislative Session:
S7376, A8559

2023-S5905 (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-S5905 (ACTIVE) - Sponsor Memo

2023-S5905 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5905
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 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
              

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