senate Bill S7388B

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A8684 - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (13)
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
Jun 19, 2018 substituted by a8684b
Jun 11, 2018 amended on third reading 7388b
Feb 27, 2018 amended on third reading 7388a
Feb 06, 2018 advanced to third reading
Feb 05, 2018 2nd report cal.
Jan 30, 2018 1st report cal.354
Jan 11, 2018 referred to housing, construction and community development

Votes

view votes

Jan 30, 2018 - Housing, Construction and Community Development committee Vote

S7388
8
0
committee
8
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 30, 2018

aye wr (1)

S7388 - Details

See Assembly Version of this Bill:
A8684
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

S7388 - 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.

S7388 - Sponsor Memo

S7388 - Bill Text download pdf


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

                                  7388

                            I N  S E N A T E

                            January 11, 2018
                               ___________

Introduced  by  Sen. TEDISCO -- 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 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

S7388A - Details

See Assembly Version of this Bill:
A8684
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

S7388A - 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.

S7388A - Sponsor Memo

S7388A - Bill Text download pdf


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

                                 7388--A
    Cal. No. 354

                            I N  S E N A T E

                            January 11, 2018
                               ___________

Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in 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,  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 ASSOCIATION 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  COMPANION  ANIMAL OR ANIMALS. DISPOSITION OF SUCH COMPANION ANIMAL
OR ANIMALS SHALL BE IN ACCORDANCE WITH THE PROVISIONS  OF  SECTIONS  ONE

S7388B (ACTIVE) - Details

See Assembly Version of this Bill:
A8684
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §749, RPAP L

S7388B (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.

S7388B (ACTIVE) - Sponsor Memo

S7388B (ACTIVE) - Bill Text download pdf


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

                                 7388--B
    Cal. No. 354

                            I N  S E N A T E

                            January 11, 2018
                               ___________

Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community  Development  --  reported  favorably  from  said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading -- again amended and ordered  reprinted,  retaining  its
  place in 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
MUNICIPALITY IN WHICH THE ANIMAL WAS FOUND 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

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.