assembly Bill A8684B

Signed By Governor
2017-2018 Legislative Session

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 23, 2018 signed chap.205
Aug 13, 2018 delivered to governor
Jun 19, 2018 returned to assembly
passed senate
3rd reading cal.354
substituted for s7388b
referred to rules
delivered to senate
passed assembly
Jun 04, 2018 amended on third reading 8684b
May 10, 2018 advanced to third reading cal.875
May 08, 2018 reported
Feb 28, 2018 reported referred to codes
Feb 22, 2018 print number 8684a
Feb 22, 2018 amend and recommit to judiciary
Jan 03, 2018 referred to judiciary
Sep 25, 2017 referred to judiciary

A8684 - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

A8684 - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

A8684 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8684

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                           September 25, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  the  presence  of  a  companion  animal when executing a
  warrant for eviction or dispossession of property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 749 of the real property actions
and proceedings law, as amended by chapter 256 of the laws of  2009,  is
amended to read as follows:
  2. (A) The officer to whom the warrant is directed and delivered shall
give  at  least  seventy-two  hours  notice,  excluding any period which
occurs on a Saturday, Sunday or a public holiday, in writing and in  the
manner  prescribed  in this article for the service of a notice of peti-
tion, to the person or persons to be evicted or dispossessed  and  shall
execute the warrant between the hours of sunrise and sunset.
  (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
SUCH  PERSON  OR  PERSONS  TO  BE  EVICTED  OR DISPOSSESSED FOR THE SAFE
REMOVAL OF SUCH COMPANION ANIMAL. "COMPANION ANIMAL," AS  USED  IN  THIS
PARAGRAPH, SHALL HAVE THE SAME MEANING AS IN SUBDIVISION FIVE OF SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13519-01-7

A8684A - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

A8684A - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

A8684A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8684--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                           September 25, 2017
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  the  presence  of  a  companion  animal when executing a
  warrant for eviction or dispossession of property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 749 of the real property actions
and proceedings law, as amended by chapter 256 of the laws of  2009,  is
amended to read as follows:
  2. (A) The officer to whom the warrant is directed and delivered shall
give  at  least  seventy-two  hours  notice,  excluding any period which
occurs on a Saturday, Sunday or a public holiday, in writing and in  the
manner  prescribed  in this article for the service of a notice of peti-
tion, to the person or persons to be evicted or dispossessed  and  shall
execute the warrant between the hours of sunrise and sunset.
  (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
SUCH  PERSON OR PERSONS TO BE EVICTED OR DISPOSSESSED TO PROVIDE FOR THE
SAFE AND PROPER CARE OF  SUCH  COMPANION  ANIMAL  OR  ANIMALS.  IF  SUCH
PERSONS  TO  BE EVICTED OR DISPOSSESSED CANNOT BE FOUND AFTER REASONABLE
EFFORTS ARE MADE TO COORDINATE WITH SUCH  PERSONS,  SUCH  OFFICER  SHALL
PROMPTLY  COORDINATE  WITH  A  DULY  INCORPORATED HUMANE SOCIETY, A DULY
INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO  ANIMALS,  OR  ANY
POUND  MAINTAINED  BY  OR  UNDER  CONTRACT OR AGREEMENT WITH ANY COUNTY,
CITY, TOWN OR VILLAGE FOR THE SAFE REMOVAL OF SUCH COMPANION  ANIMAL  OR
ANIMALS. SUCH OFFICER SHALL MAKE REASONABLE EFFORTS TO PROVIDE NOTICE TO
THE  PERSON  OR  PERSONS  TO  BE  EVICTED REGARDING THE LOCATION OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

A8684B (ACTIVE) - Details

See Senate Version of this Bill:
S7388
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

A8684B (ACTIVE) - Summary

Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

A8684B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8684--B
                                                        Cal. No. 875

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                           September 25, 2017
                               ___________

Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
  Committee on Judiciary -- recommitted to the Committee on Judiciary in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee  on  Codes  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the  real  property  actions  and  proceedings  law,  in
  relation  to  the  presence  of  a  companion  animal when executing a
  warrant for eviction or dispossession of property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 749 of the real property actions
and proceedings law, as amended by chapter 256 of the laws of  2009,  is
amended to read as follows:
  2. (A) The officer to whom the warrant is directed and delivered shall
give  at  least  seventy-two  hours  notice,  excluding any period which
occurs on a Saturday, Sunday or a public holiday, in writing and in  the
manner  prescribed  in this article for the service of a notice of peti-
tion, to the person or persons to be evicted or dispossessed  and  shall
execute the warrant between the hours of sunrise and sunset.
  (B)  SUCH  OFFICER  SHALL  CHECK  SUCH  PROPERTY FOR THE PRESENCE OF A
COMPANION ANIMAL PRIOR TO EXECUTING SUCH  WARRANT  AND  COORDINATE  WITH
SUCH  PERSON OR PERSONS TO BE EVICTED OR DISPOSSESSED TO PROVIDE FOR THE
SAFE AND PROPER CARE OF  SUCH  COMPANION  ANIMAL  OR  ANIMALS.  IF  SUCH
PERSONS  TO  BE EVICTED OR DISPOSSESSED CANNOT BE FOUND AFTER REASONABLE
EFFORTS ARE MADE TO COORDINATE WITH SUCH PERSONS, OR IF SUCH  PERSON  IS
FOUND  AND  DECLINES  TO TAKE POSSESSION OF SUCH ANIMAL OR ANIMALS, SUCH
OFFICER SHALL PROMPTLY COORDINATE  WITH  THE  DULY  INCORPORATED  HUMANE
SOCIETY,  DULY  INCORPORATED  SOCIETY  FOR  THE PREVENTION OF CRUELTY TO
ANIMALS OR POUND MAINTAINED BY OR UNDER CONTRACT OR AGREEMENT  WITH  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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