Assembly Bill A8559A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8559--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2021
                                ___________
 
 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 prohibiting naming dependent children under the age of 18
   in petitions to recover  possession  of  real  property  and  eviction
   warrants and sealing any records pertaining to such children
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 741 of the real property  actions  and  proceedings
 law,  as added by chapter 312 of the laws of 1962, the opening paragraph
 as amended by chapter 583 of the laws  of  1979  and  subdivision  5  as
 amended  by  chapter  302  of  the  laws  of 1976, is amended to read as
 follows:
   § 741. Contents of petition. 1. The petition shall be verified by  the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of  such  person  pursuant  to subdivision (d) of section thirty hundred
 twenty of the civil practice law and rules. An attorney of  such  person
 may  verify  the  petition on information and belief notwithstanding the
 fact that such person is in  the  county  where  the  attorney  has  his
 office. Every petition shall:
   [1.]  (A)  State  the  interest of the petitioner in the premises from
 which removal is sought.
   [2.] (B) State the respondent's  interest  in  the  premises  and  his
 relationship to petitioner with regard thereto.
   [3.] (C) Describe the premises from which removal is sought.
   [4.] (D) State the facts upon which the special proceeding is based.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11850-05-2
 A. 8559--A                          2
              

 
   [5.]  (E)  State  the relief sought. The relief may include a judgment
 for rent due, and for a period of occupancy during which no rent is due,
 for the fair value of use and occupancy of the premises if the notice of
 petition contains a notice that a demand for such a  judgment  has  been
 made.
   2.  NO DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN LIVING IN THE SAME
 HOUSEHOLD WITH A PARENT OR GUARDIAN SHALL BE NAMED IN THE PETITION.
   § 2. Subdivision 1 of section 749 of the  real  property  actions  and
 proceedings law, as amended by section 19 of part M of chapter 36 of the
 laws of 2019, is amended to read as follows:
   1.  Upon  rendering  a  final judgment for petitioner, the court shall
 issue a warrant directed to the sheriff of the county or to any  consta-
 ble  or marshal of the city in which the property, or a portion thereof,
 is situated, or, if it is not situated in a city, to  any  constable  of
 any  town  in  the county, describing the property, stating the earliest
 date upon which execution may occur pursuant to the order of the  court,
 and  commanding  the officer to remove all persons named in the proceed-
 ing, provided upon a showing of good cause, the court may issue  a  stay
 of  re-letting  or renovation of the premises for a reasonable period of
 time; PROVIDED FURTHER, HOWEVER, THAT NO DEPENDENT  CHILDREN  UNDER  THE
 AGE  OF  EIGHTEEN LIVING IN THE SAME HOUSEHOLD WITH A PARENT OR GUARDIAN
 SHALL BE NAMED IN THE WARRANT.
   § 3. Section 749 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 4 to read as follows:
   4.  IN  THE EVENT THAT A WARRANT IS ISSUED PURSUANT TO SUBDIVISION ONE
 OF THIS SECTION AND ANY PERSONS ARE REMOVED FROM A PROPERTY, ANY RECORDS
 PERTAINING TO DEPENDENT CHILDREN UNDER THE AGE OF EIGHTEEN LIVING IN THE
 SAME HOUSEHOLD WITH A PARENT OR GUARDIAN WHO WERE RESIDING ON OR REMOVED
 FROM SUCH PROPERTY SHALL BE SEALED AND DEEMED CONFIDENTIAL.  NO  DISCLO-
 SURE OR USE OF SUCH INFORMATION RELATING TO DEPENDENT CHILDREN UNDER THE
 AGE OF EIGHTEEN WHO WERE RESIDING ON OR REMOVED FROM SUCH PROPERTY SHALL
 BE AUTHORIZED, AND THE USE OF SUCH INFORMATION SHALL BE PROHIBITED.
   § 4. This act shall take effect immediately.