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Assembly Bill A328

2023-2024 Legislative Session

Provides for the imposition of civil penalties for failure to seal the court records of evictions of tenants leasing real property that is the subject of a foreclosure

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Archive: Last Bill Status - In Assembly Committee

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2023-A328 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §757, RPAP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4590
2011-2012: A3996
2013-2014: A3553
2015-2016: A6749
2017-2018: A6257
2019-2020: A5206
2021-2022: A4279
2025-2026: A6412

2023-A328 (ACTIVE) - Summary

Provides that records of eviction proceeding shall be sealed when the leased property was foreclosed upon; prohibits use and disclosure of any such information relating to a tenant; imposes fine of between $1,000 and $2,000 for violations thereof.

2023-A328 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    328
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to the imposition of civil penalties for failure to seal  the
   court  records  of  evictions of tenants leasing real property that is
   the subject of a foreclosure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  757 of the real property actions and proceedings
 law, as added by section 23 of part M of chapter 36 of the laws of 2019,
 is amended to read as follows:
   § 757. Eviction as the result of foreclosure.  In  the  event  that  a
 lessee  is  removed from real property pursuant to this article, and the
 leased real property was the subject of a foreclosure proceeding  pursu-
 ant  to this chapter or the subject of a tax foreclosure proceeding, the
 court records relating to any such lessee shall be sealed and be  deemed
 confidential.  No  disclosure or use of such information relating to any
 such lessee shall be authorized, and the use of such  information  shall
 be  prohibited.  ANY VIOLATION OF THIS SECTION BY A PRIVATE PERSON SHALL
 RESULT IN A CIVIL PENALTY OF NOT LESS THAN  ONE  THOUSAND  DOLLARS,  NOR
 MORE THAN TWO THOUSAND DOLLARS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00999-01-3

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