S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1615
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens.  BRISPORT,  BROUK, JACKSON, WEBB -- 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, subdivisions 5-a and 5-b as added by
 section 5 of part HH of chapter 56 of the laws of 2024, subdivision 6 as
 added by chapter 615 of the laws of 2022,  subdivision  7  as  added  by
 chapter  579 of the laws of 2023 and subdivision 8 as amended by chapter
 64 of the laws of 2024, 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]  AN
 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] THE
 RESPONDENT'S 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.
                                                            LBD01533-01-5
              

 S. 1615                             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.
   [5-a.]  (F)  Append  or  incorporate  the  notice required pursuant to
 section two hundred thirty-one-c of the real property law,  which  shall
 state the following: (i) if the premises are or are not subject to arti-
 cle  six-A  of the real property law, the "good cause eviction law", and
 if the premises are exempt, such petition shall state why  the  premises
 are exempt from such law; (ii) if the landlord is not renewing the lease
 for a unit subject to article six-A of the real property law, the lawful
 basis  for such non-renewal; and (iii) if the landlord is increasing the
 rent upon an existing lease of a unit subject to article  six-A  of  the
 real  property  law above the applicable local rent standard, as defined
 in subdivision eight of section two hundred eleven of the real  property
 law, the justification for such increase.
   [5-b.]  (G)  If the petitioner claims exemption from the provisions of
 article six-A of the real property law pursuant to  subdivision  one  of
 section  two hundred fourteen of the real property law, append or incor-
 porate the information required pursuant to subdivision one  of  section
 two hundred fourteen of the real property law.
   [6.]  (H) In the city of Albany, where the premises from which removal
 is sought is subject to a local law requiring the registration  of  said
 premises as a condition of legal rental, allege proof of compliance with
 such local law.
   [7.]  (I)  In  the  city  of  Newburgh,  where the premises from which
 removal is sought is subject to a local law requiring  the  registration
 of said premises as a condition of legal rental, allege proof of compli-
 ance with such local law.
   [8.]  (J)  In  the  city  of  Syracuse,  where the premises from which
 removal is sought is subject to a local law requiring  the  registration
 of said premises as a condition of legal rental, allege proof of compli-
 ance with such local law.
   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
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 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; provided, however, that
 the amendments to paragraphs (f) and (g) of subdivision 1 of section 741
 of the real property actions and proceedings law made by section one  of
 this  act  shall  not  affect the repeal of such paragraphs and shall be
 deemed repealed therewith.