Senate Bill S7376A

2021-2022 Legislative Session

Prohibits naming dependent children under the age of 18 in petitions to recover possession of real property and eviction warrants

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Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Bill Amendments

2021-S7376 - Details

See Assembly Version of this Bill:
A8559
Current Committee:
Senate Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§741 & 749, RPAP L
Versions Introduced in 2023-2024 Legislative Session:
S5905, A3827

2021-S7376 - Summary

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

2021-S7376 - Sponsor Memo

2021-S7376 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7376
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  prohibiting  naming  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.
   [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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11850-03-1
              

2021-S7376A (ACTIVE) - Details

See Assembly Version of this Bill:
A8559
Current Committee:
Senate Rules
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§741 & 749, RPAP L
Versions Introduced in 2023-2024 Legislative Session:
S5905, A3827

2021-S7376A (ACTIVE) - Summary

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

2021-S7376A (ACTIVE) - Sponsor Memo

2021-S7376A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7376--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 13, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Housing, Construction and Community Development in
   accordance with Senate Rule 6, sec. 8 --  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.
                                                            LBD11850-04-2
              

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