Senate Bill S5905

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5905
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2023
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 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, subdivision 5 as amended
 by chapter 302 of the laws of 1976, and subdivision 6 as added by  chap-
 ter 615 of the laws of 2022, 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.
                                                            LBD07674-01-3
              

 S. 5905                             2
 
 petition  contains  a  notice that a demand for such a judgment has been
 made.
   [6.]  (F) In the city of Albany, where the premises from which removal
 is sought is subject to a local law requiring the registration  of  said
 premises as a condition of legal rental, allege proof of compliance with
 such local law.
   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; provided, however, that
 if chapter 615 of the laws of 2022 shall not have  taken  effect  on  or
 before  such date then the amendments to subdivision 6 of section 741 of
 the real property actions and proceedings law made  by  section  one  of
 this  act  shall  take effect on the same date and in the same manner as
 such chapter of the laws of 2022 takes effect.