NY State Senate Bill 2025-S3043

Senate Bill S3043

2025-2026 Legislative Session

Relates to compliance by New York city marshals with filing requirement regarding service of a notice of eviction

download bill text pdf

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2025	referred to housing, construction and community development

2025-S3043 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §749-a, RPAP L

2025-S3043 (ACTIVE) - Summary

Requires New York city marshals to complete an electronic filing within twenty-four hours of service of a notice of eviction.

2025-S3043 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3043

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to compliance by New York city marshals with filing requirement
regarding service of a notice of eviction

 
PURPOSE:

This bill establishes a deadline by which New York city marshals must
provide notice of eviction by physical posting and electronic filing.

 
SUMMARY OF PROVISIONS:

Section one of the bill specifies that New York city marshals must phys-
ically post and electronically file a notice of eviction within twenty-
four hours of the service of the notice of eviction.

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

New York City marshals are appointed by the mayor to carry out orders by
the New York City Civil Court, including carrying out evictions.  They
are not city employees but are supervised by the New York City Depart-
ment of Investigation. They are also required to pay a percentage of
their gross income to New York City. Section 749 of the real property
actions and proceedings law requires marshals to provide 14 days' notice
to tenants after a they have received a warrant of eviction.

In 2024, the legislature passed Chapter 129 of the Laws of 2024 that
required New York City marshals to file a notice of eviction by physical
posting and electronic filing. This legislation was passed to ensure
that tenants and their lawyers clearly understood when the eviction
could occur, providing them with time to either stay the eviction or
secure a voucher or rental assistance. Unfortunately, a November 2024
investigation by City Limits, an online publication, revealed that only
293 of the 537 eviction notices filed by marshals between September 11
and 12 were posted on NYSCEF within 24 hours. On average, the eviction
notice was posted on NYSCEF three and a half days after service.

By specifying that marshals must physically post an eviction notice and
upload it to NYSCEF 24 hours after service, this bill seeks to clarify
the intent of Chapter 12 of the Laws of 2024: tenants should understand
how much time they have to seek relief before they are evicted.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3043 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3043
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 compliance by New York city marshals with filing require-
   ment regarding service of a notice of eviction
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 749-a of the real property actions and proceedings
 law, as added by chapter 129 of the laws of 2024, is amended to read  as
 follows:
   §  749-a.  New  York  city marshals. A marshal of the city of New York
 shall provide notice of [execution of a warrant of] eviction by physical
 posting of the notice and by an  electronic  filing  WITHIN  TWENTY-FOUR
 HOURS  OF  SERVICE  OF  THE  NOTICE  OF EVICTION.   For purposes of this
 section,  "electronic  filing"  shall  mean  an  electronic  filing   as
 described  in  section  twenty-one  hundred three-a of the New York city
 civil court act.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  749-a  of  the  real  property actions and
 proceedings law made by section one of this act shall be subject to  the
 repeal  of  such  section and shall expire and be deemed repealed there-
 with.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07099-01-5

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