NY State Senate Bill 2023-S9911

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 13, 2024	referred to rules

co-Sponsors

2023-S9911 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add §748, RPAP L; amd §212, Judy L

2023-S9911 (ACTIVE) - Summary

Requires that court records of an eviction proceeding be sealed one year after a final judgment has been entered in the eviction proceeding and all rights of appeal have been exhausted, unless the eviction proceeding resulted in a dismissal or final judgment in favor of a tenant, in which case the court record of such an eviction proceeding shall be immediately sealed; provides for access to such records; directs the chief administrator of the courts to develop certain forms to be used with respect to the sealing of records.

2023-S9911 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9911

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to the sealing of eviction proceeding records; and to amend the
judiciary law, in relation to directing the  chief administrator of the
courts to develop certain forms

 
PURPOSE OR GENERAL IDEA OF BILL:

Mandates the sealing of certain court records related to eviction
proceedings, provides for access to sealed court records under cert ain
circumstances, and forbids consumer reporting agencies and tenant
screening bureaus from disclosing information from sealed court records
for consumer reports or tenant screening reports.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 748 to article 7 of the real property
actions and proceedings law to require court records of an evictio n

proceeding be sealed one year after a final judgment has been entered,
and all rights of appeal have been exhausted. In certain ins tances,
court records must be sealed immediately after the conclusion of a case.
Sealed court records can be accessed at the discreti on of the court for
certain purposes, such as journalism and scholarly research. Consumer
reporting agencies and tenant screening bureaus shall not use or
disclose court-records sealed under this section. The attorney general
is empowered to enforce this section.

Section 2 adds two new subdivisions ff and gg to section 212 of the
judiciary law to authorize the office of court administration to promul-
gate forms and processes for individuals to request eviction procedure
records be sealed, as well as request access to sealed records.

Section 3 provides that the bill shall take effect on the one hundred
eightieth day after it shall have become law.

 
JUSTIFICATION:

In 2019, the Housing Stability and Tenant Protection Act (HSTPA) made it
illegal for a property owner or landlord in New York State to deny a
rental application based on the applicant's Housing Court record. The
HSTPA also stopped the Office of Court Administration from selling
tenant court data to third parties. Though these were significant
reforms, barriers to enforcement still exist. For inst ance, potential
tenants may not know if their Housing Court record has been requested by
a future landlord. Applicants might also not take the extra step of
making a complaint to the Attorney General's office. Housing court data
can still be obtained manually from publicly available information.

Publicly-accessible records of eviction cases can have severe financial
consequences for tenants. For instance, judgements recorded in Housing
Court may negatively affect a tenant's credit score, making it even
harder for New Yorkers to find housing and access finan cial products.
The risk to a tenant's credit score may also discourage them from seek-
ing recourse in the court system.

17 states have implemented measures to seal eviction records, including
California, Maryland, Massachusetts, and Connecticut. These policy
developments build on research that shows that the use of housing court
records by tenant screening bureaus and consumer report ing agencies
facilitates discrimination (Shriver Center on Poverty and Law, 2020) and
hinders efforts to address poverty and homeless ness (Center for Ameri-
can Progress, 2021). Furthermore, the information contained in tenant
screening reports is often "inaccurate, incomplete, or misleading" (New
York State Bar Association).

By sealing housing court records, New York State would augment enforce-
ment of existing antidiscrimination law, promote economic mobility, and
keep New Yorkers housed.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately on the one hundred eightieth day
after it shall become law.

2023-S9911 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9911
 
                             I N  S E N A T E
 
                            September 13, 2024
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  KRUEGER -- 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  the sealing of eviction proceeding records; and to amend
   the judiciary law, in relation to directing the   chief  administrator
   of the courts to develop certain forms

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 748 to read as follows:
   § 748. SEALING OF EVICTION PROCEEDING RECORDS. 1. FOR PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "CONSUMER REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER  COMMUNICATION
 OF  ANY  INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON A CONSUM-
 ER'S CREDIT WORTHINESS, CREDIT  STANDING,  CREDIT  CAPACITY,  CHARACTER,
 GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING WHICH IS
 USED  OR  EXPECTED  TO  BE USED OR COLLECTED IN WHOLE OR IN PART FOR THE
 PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING THE PERSON'S  ELIGIBILITY
 FOR  RENTAL  HOUSING  OR  OTHER  PURPOSES AUTHORIZED UNDER SECTION THREE
 HUNDRED EIGHTY-B OF THE GENERAL BUSINESS LAW.
   (B) "CONSUMER REPORTING AGENCY" MEANS ANY  PERSON  WHO,  FOR  MONETARY
 FEES,  DUES,  OR  ON A COOPERATIVE NONPROFIT BASIS, REGULARLY ENGAGES IN
 WHOLE OR IN PART IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING  CONSUMER
 CREDIT  INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE OF
 FURNISHING CONSUMER REPORTS OR INVESTIGATIVE CONSUMER REPORTS  TO  THIRD
 PARTIES.
   (C)  "EVICTION  PROCEEDING"  MEANS  ANY  ACTION  OR SPECIAL PROCEEDING
 COMMENCED UNDER THIS ARTICLE TO REMOVE A TENANT OR LAWFUL OCCUPANT OF  A
 DWELLING OR HOUSING ACCOMMODATION.
   (D)  "TENANT" MEANS AN OCCUPANT OF A RENTAL DWELLING UNIT, AN OWNER OF
 SHARES OF A COOPERATIVE CORPORATION WHO OCCUPIES THE  DWELLING  UNIT  TO
 WHICH SUCH SHARES ARE ALLOCATED, OR THE OWNER AND OCCUPANT OF A DWELLING
 UNIT OWNED AS A CONDOMINIUM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16109-03-4

 S. 9911                             2
 
   (E)  "TENANT SCREENING BUREAU" MEANS ANY PERSON WHO, FOR MONETARY FEES
 OR DUES, REGULARLY ENGAGES IN THE PRACTICE OF ASSEMBLING  OR  EVALUATING
 INFORMATION  ABOUT  INDIVIDUALS IN THE FORM OF A TENANT SCREENING REPORT
 FOR THE PURPOSES OF SCREENING AN APPLICANT FOR A RENTAL DWELLING UNIT OR
 OTHER HOUSING ACCOMMODATION.
   (F) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER COMMU-
 NICATION  OF  INFORMATION  BY  A  TENANT SCREENING BUREAU THAT DESCRIBES
 PROCEEDINGS TO RECOVER REAL PROPERTY IN WHICH AN INDIVIDUAL IS NAMED FOR
 THE PURPOSES OF SCREENING THAT INDIVIDUAL AS AN APPLICANT FOR  A  RENTAL
 DWELLING UNIT OR OTHER HOUSING ACCOMMODATION.
   2.  COURT  RECORDS  OF AN EVICTION PROCEEDING SHALL BE SEALED ONE YEAR
 AFTER A FINAL JUDGMENT HAS BEEN ENTERED IN THE EVICTION  PROCEEDING  AND
 ALL RIGHTS OF APPEAL HAVE BEEN EXHAUSTED, UNLESS THE EVICTION PROCEEDING
 RESULTED  IN  A  DISMISSAL  OR  FINAL  JUDGMENT IN FAVOR OF A TENANT, AS
 DEFINED IN SUBDIVISION ONE OF THIS SECTION,  IN  WHICH  CASE  THE  COURT
 RECORD  OF SUCH AN EVICTION PROCEEDING SHALL BE IMMEDIATELY SEALED AFTER
 A FINAL JUDGMENT HAS BEEN ENTERED AND ALL RIGHTS  OF  APPEAL  HAVE  BEEN
 EXHAUSTED.
   3. UPON MOTION AND FOR GOOD CAUSE SHOWN, OR AS OTHERWISE AUTHORIZED BY
 THIS  SECTION,  COURT  RECORDS  SEALED  UNDER  THIS  SECTION MAY, AT THE
 DISCRETION OF THE COURT AND UPON A BALANCING OF  THE  INTERESTS  OF  THE
 LITIGANTS  AND  THE  PUBLIC IN NONDISCLOSURE OF THE INFORMATION WITH THE
 INTERESTS OF THE REQUESTING PARTY, BE MADE AVAILABLE FOR PUBLIC  SAFETY,
 SCHOLARLY,  EDUCATIONAL,  JOURNALISTIC,  OR  GOVERNMENTAL PURPOSES ONLY;
 PROVIDED, HOWEVER, THAT THE  PERSONAL  IDENTIFYING  INFORMATION  OF  THE
 PARTIES  INVOLVED  IN  THE  ACTION  SHALL REMAIN SEALED UNLESS THE COURT
 DETERMINES THAT RELEASE OF SUCH INFORMATION IS  APPROPRIATE  UNDER  THIS
 SUBDIVISION  AND  ABSOLUTELY  NECESSARY  TO  FULFILL  THE PURPOSE OF THE
 REQUEST. NOTHING  IN  THIS  SUBDIVISION  SHALL  PERMIT  THE  RELEASE  OF
 PERSONAL  IDENTIFYING  INFORMATION  FOR COMMERCIAL PURPOSES.  NOTHING IN
 THIS SECTION SHALL PROHIBIT A PERSON OR THEIR REPRESENTATIVE FROM  PETI-
 TIONING  THE  COURT TO OBTAIN ACCESS TO SEALED EVICTION RECORDS IN WHICH
 THE PERSON IS A PARTY.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE DISSEMINATION OF  INFOR-
 MATION  CONTAINED  IN  A  RECORD  SEALED PURSUANT TO THIS SECTION AS THE
 COURT DEEMS NECESSARY OR APPROPRIATE:
   (A) FOR THE COLLECTION OF A MONEY JUDGMENT;
   (B) TO PURSUE A CRIMINAL INVESTIGATION;
   (C) TO PURSUE A CRIMINAL PROSECUTION; OR
   (D) WHERE INFORMATION IN THE SEALED RECORD WAS ENTERED  INTO  EVIDENCE
 IN A CRIMINAL PROSECUTION THAT RESULTED IN A CRIMINAL CHARGE.
   5. A CONSUMER REPORTING AGENCY SHALL NOT DISCLOSE THE EXISTENCE OF, OR
 INFORMATION  REGARDING,  A RECORD OF AN EVICTION PROCEEDING SEALED UNDER
 THIS SECTION OR USE INFORMATION CONTAINED IN A SEALED EVICTION  PROCEED-
 ING  AS A FACTOR TO DETERMINE ANY SCORE OR RECOMMENDATION TO BE INCLUDED
 IN A CONSUMER REPORT. A CONSUMER  REPORTING  AGENCY  MAY  INCLUDE  IN  A
 CONSUMER  REPORT  INFORMATION FOUND IN PUBLICLY AVAILABLE COURT RECORDS;
 PROVIDED, HOWEVER, THAT THE CONSUMER REPORT  SHALL  INCLUDE  A  PERSON'S
 FULL  NAME AND THE OUTCOME OF AN EVICTION PROCEEDING IF SUCH INFORMATION
 IS  CONTAINED  IN  THE  PUBLICLY  AVAILABLE  COURT  RECORD.  INFORMATION
 CONTAINED  IN  A  RECORD  OF  AN  EVICTION  PROCEEDING SEALED UNDER THIS
 SECTION SHALL BE REMOVED FROM THE CONSUMER REPORT  OR  FROM  THE  CALCU-
 LATION  OF  ANY  SCORE  OR  RECOMMENDATION  TO BE INCLUDED IN A CONSUMER
 REPORT WITHIN THIRTY DAYS OF THE SEALING OF THE RECORD OF  THE  EVICTION
 PROCEEDING FROM WHICH IT IS DERIVED.
 S. 9911                             3
 
   6.  A  TENANT SCREENING BUREAU SHALL NOT DISCLOSE THE EXISTENCE OF, OR
 INFORMATION REGARDING, A RECORD OF AN EVICTION PROCEEDING  SEALED  UNDER
 THIS  SECTION  OR  PROVIDE  INFORMATION  CONTAINED  IN A SEALED EVICTION
 PROCEEDING TO BE INCLUDED IN  A  TENANT  SCREENING  REPORT.  INFORMATION
 CONTAINED  IN  A  RECORD  OF  AN  EVICTION  PROCEEDING SEALED UNDER THIS
 SECTION SHALL BE REMOVED FROM THE TENANT SCREENING REPORT  OR  FROM  THE
 CALCULATION  OF ANY SCORE OR RECOMMENDATION TO BE INCLUDED IN THE TENANT
 SCREENING REPORT WITHIN THIRTY DAYS OF THE SEALING OF THE RECORD OF  THE
 EVICTION PROCEEDING FROM WHICH IT IS DERIVED.
   7. THE ATTORNEY GENERAL MAY INITIATE IN A COURT OF COMPETENT JURISDIC-
 TION  AN  ACTION  THAT MAY BE APPROPRIATE OR NECESSARY FOR CORRECTION OF
 ANY VIOLATION OF THIS SECTION, INCLUDING MANDATING COMPLIANCE  WITH  THE
 PROVISIONS  OF  THIS  SECTION, SECURING INJUNCTIVE, DECLARATORY, OR SUCH
 OTHER RELIEF AS MAY BE APPROPRIATE, ORDERING PAYMENT OF CIVIL PENALTIES,
 AND RECOVERING DAMAGES.
   § 2. Subdivision 2 of section 212 of the judiciary law is  amended  by
 adding two new paragraphs (ff) and (gg) to read as follows:
   (FF) DEVELOP A STANDARDIZED FORM AND PROCESS FOR INDIVIDUALS TO NOTIFY
 THE  OFFICE  OF  COURT  ADMINISTRATION  OF  COURT RECORDS OF AN EVICTION
 PROCEEDING SUBJECT TO SEALING UNDER SECTION SEVEN HUNDRED FORTY-EIGHT OF
 THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, BUT FOR WHICH THE  OFFICE
 HAS NOT SEALED OR TAKEN THE REQUISITE ACTION FOR RELATED RECORDS.
   (GG)  DEVELOP  A STANDARDIZED FORM AND PROCESS FOR INDIVIDUALS AUTHOR-
 IZED TO REQUEST SEALED COURT RECORDS OF AN EVICTION PROCEEDING  PURSUANT
 TO  SECTION  SEVEN  HUNDRED FORTY-EIGHT OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S9911

Sponsored By

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

2023-S9911 (ACTIVE) - Details

2023-S9911 (ACTIVE) - Summary

2023-S9911 (ACTIVE) - Sponsor Memo

2023-S9911 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9911

Share this bill

Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Rules Committee

co-Sponsors

Liz Krueger

2023-S9911 (ACTIVE) - Details

2023-S9911 (ACTIVE) - Summary

2023-S9911 (ACTIVE) - Sponsor Memo

2023-S9911 (ACTIVE) - Bill Text download pdf

Comments