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.
STATE OF NEW YORK
________________________________________________________________________
1656
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, SEAWRIGHT, RAGA, FORREST, SHRESTHA,
MAMDANI -- read once and referred to the Committee on Judiciary
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:
1 Section 1. Section 741 of the real property actions and proceedings
2 law, as added by chapter 312 of the laws of 1962, the opening paragraph
3 as amended by chapter 583 of the laws of 1979, subdivision 5 as amended
4 by chapter 302 of the laws of 1976, subdivisions 5-a and 5-b as added by
5 section 5 of part HH of chapter 56 of the laws of 2024, subdivision 6 as
6 added by chapter 615 of the laws of 2022, subdivision 7 as added by
7 chapter 579 of the laws of 2023 and subdivision 8 as amended by chapter
8 64 of the laws of 2024, is amended to read as follows:
9 § 741. Contents of petition. 1. The petition shall be verified by the
10 person authorized by section seven hundred twenty-one of this article to
11 maintain the proceeding; or by a legal representative, attorney or agent
12 of such person pursuant to subdivision (d) of section thirty hundred
13 twenty of the civil practice law and rules. An attorney of such person
14 may verify the petition on information and belief notwithstanding the
15 fact that such person is in the county where the attorney has [his] an
16 office. Every petition shall:
17 [1.] (a) State the interest of the petitioner in the premises from
18 which removal is sought.
19 [2.] (b) State the respondent's interest in the premises and [his] the
20 respondent's relationship to petitioner with regard thereto.
21 [3.] (c) Describe the premises from which removal is sought.
22 [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.
LBD01533-01-5
A. 1656 2
1 [5.] (e) State the relief sought. The relief may include a judgment
2 for rent due, and for a period of occupancy during which no rent is due,
3 for the fair value of use and occupancy of the premises if the notice of
4 petition contains a notice that a demand for such a judgment has been
5 made.
6 [5-a.] (f) Append or incorporate the notice required pursuant to
7 section two hundred thirty-one-c of the real property law, which shall
8 state the following: (i) if the premises are or are not subject to arti-
9 cle six-A of the real property law, the "good cause eviction law", and
10 if the premises are exempt, such petition shall state why the premises
11 are exempt from such law; (ii) if the landlord is not renewing the lease
12 for a unit subject to article six-A of the real property law, the lawful
13 basis for such non-renewal; and (iii) if the landlord is increasing the
14 rent upon an existing lease of a unit subject to article six-A of the
15 real property law above the applicable local rent standard, as defined
16 in subdivision eight of section two hundred eleven of the real property
17 law, the justification for such increase.
18 [5-b.] (g) If the petitioner claims exemption from the provisions of
19 article six-A of the real property law pursuant to subdivision one of
20 section two hundred fourteen of the real property law, append or incor-
21 porate the information required pursuant to subdivision one of section
22 two hundred fourteen of the real property law.
23 [6.] (h) In the city of Albany, where the premises from which removal
24 is sought is subject to a local law requiring the registration of said
25 premises as a condition of legal rental, allege proof of compliance with
26 such local law.
27 [7.] (i) In the city of Newburgh, where the premises from which
28 removal is sought is subject to a local law requiring the registration
29 of said premises as a condition of legal rental, allege proof of compli-
30 ance with such local law.
31 [8.] (j) In the city of Syracuse, where the premises from which
32 removal is sought is subject to a local law requiring the registration
33 of said premises as a condition of legal rental, allege proof of compli-
34 ance with such local law.
35 2. No dependent children under the age of eighteen living in the same
36 household with a parent or guardian shall be named in the petition.
37 § 2. Subdivision 1 of section 749 of the real property actions and
38 proceedings law, as amended by section 19 of part M of chapter 36 of the
39 laws of 2019, is amended to read as follows:
40 1. Upon rendering a final judgment for petitioner, the court shall
41 issue a warrant directed to the sheriff of the county or to any consta-
42 ble or marshal of the city in which the property, or a portion thereof,
43 is situated, or, if it is not situated in a city, to any constable of
44 any town in the county, describing the property, stating the earliest
45 date upon which execution may occur pursuant to the order of the court,
46 and commanding the officer to remove all persons named in the proceed-
47 ing, provided upon a showing of good cause, the court may issue a stay
48 of re-letting or renovation of the premises for a reasonable period of
49 time; provided further, however, that no dependent children under the
50 age of eighteen living in the same household with a parent or guardian
51 shall be named in the warrant.
52 § 3. Section 749 of the real property actions and proceedings law is
53 amended by adding a new subdivision 4 to read as follows:
54 4. In the event that a warrant is issued pursuant to subdivision one
55 of this section and any persons are removed from a property, any records
56 pertaining to dependent children under the age of eighteen living in the
A. 1656 3
1 same household with a parent or guardian who were residing on or removed
2 from such property shall be sealed and deemed confidential. No disclo-
3 sure or use of such information relating to dependent children under the
4 age of eighteen who were residing on or removed from such property shall
5 be authorized, and the use of such information shall be prohibited.
6 § 4. This act shall take effect immediately; provided, however, that
7 the amendments to paragraphs (f) and (g) of subdivision 1 of section 741
8 of the real property actions and proceedings law made by section one of
9 this act shall not affect the repeal of such paragraphs and shall be
10 deemed repealed therewith.
