BILL NUMBER:S3152

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.