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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed 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 (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
Mar 07, 2022 advanced to third reading
Mar 03, 2022 2nd report cal.
Mar 02, 2022 1st report cal.621
Feb 23, 2022 print number 7376a
Feb 23, 2022 amend (t) and recommit to housing, construction and community development
Jan 05, 2022 referred to housing, construction and community development
Sep 13, 2021 referred to rules

Votes

view votes

Mar 2, 2022 - Housing, Construction and Community Development committee Vote

S7376A
8
1
committee
8
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Mar 2, 2022

nay (1)
aye wr (2)

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

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.

S7376 - Sponsor Memo

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

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

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.

S7376A (ACTIVE) - Sponsor Memo

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.