BILL NUMBER : S1691

 TITLE OF BILL :
An act to amend the New York city civil court act, in relation to the
authority of marshals in evicting tenants


 SUMMARY OF PROVISIONS :
Adds a new subdivision 1-a to section 1609 of the New York City civil
court act authorizing New York City marshals in an eviction proceeding
to give possession of an apartment to the landlord or building owner
pursuant to a duly issued eviction warrant; a marshal will not be
responsible for packaging, removing or storing the tenant's property;
no marshal shall have an interest in nor involvement with any mover or
moving company.

 PURPOSE :
To clarify the responsibilities of New York City marshals, reduce
their risk of liability and enable them to perform their duties more
effectively.

 JUSTIFICATION :
In New York City, the City marshals are deemed enforcement officers of
the City Civil Court.  A marshal performs many duties for the Court,
including the execution of eviction warrants.  During an eviction, a
marshal is responsible for giving possession of the apartment back to
              

the landlord or owner of the building.  In this situation, marshals
are not intended to be movers; they have neither the time nor the
means to act as such.  Under current regulations, it is unclear
whether a marshal is considered responsible for packing, removing and
storing an evicted tenant's goods. This uncertainty has resulted in an
increased risk of liability for the marshals.

In a recent court case ( MARCADO V. WEINHEIM , 108 Misc. 2d 81), a
marshal was held liable under these regulations for the property of a
tenant that was lost either in transit or in storage, long after the
property left the control of the marshal. Thus, if marshals become
actively involved in the moving process, they subject themselves to
potential lawsuits.  This bill will address this problem.  It will
clarify the role of a marshal during an eviction, preventing him from
becoming involved with the actual move of the tenant.  This
responsibility will rest with the landlord or building owner.  To
remove the marshal from this process entirely, he will be proscribed
from having any involvement or interest in a moving company.  This
will also eliminate any potential conflict of interest.  The marshals
will be able to perform their duties more effectively while
diminishing the threat to them of unjustified legal action.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
On the first day of September next succeeding the date on which it
shall have become a law.