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
________________________________________________________________________
1615--A
Cal. No. 401
2025-2026 Regular Sessions
IN SENATE
January 13, 2025
___________
Introduced by Sens. BRISPORT, BROUK, JACKSON, WEBB -- read twice and
ordered printed, and when printed to be committed to the Committee on
Housing, Construction and Community Development -- recommitted to the
Committee on Housing, Construction and Community Development in
accordance with Senate Rule 6, sec. 8 -- reported favorably from said
committee, ordered to first and second report, ordered to a third
reading, passed by Senate and delivered to the Assembly, recalled,
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in the order of third reading
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, subdivision 8 as amended by chapter 64
8 of the laws of 2024, and subdivision 9 as added by chapter 416 of the
9 laws of 2025, is amended to read as follows:
10 § 741. Contents of petition. 1. The petition shall be verified by the
11 person authorized by section seven hundred twenty-one of this article to
12 maintain the proceeding; or by a legal representative, attorney or agent
13 of such person pursuant to subdivision (d) of section thirty hundred
14 twenty of the civil practice law and rules. An attorney of such person
15 may verify the petition on information and belief notwithstanding the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01533-03-6
S. 1615--A 2
1 fact that such person is in the county where the attorney has [his] an
2 office. Every petition shall:
3 [1.] (a) State the interest of the petitioner in the premises from
4 which removal is sought.
5 [2.] (b) State the respondent's interest in the premises and [his] the
6 respondent's relationship to petitioner with regard thereto.
7 [3.] (c) Describe the premises from which removal is sought.
8 [4.] (d) State the facts upon which the special proceeding is based.
9 [5.] (e) State the relief sought. The relief may include a judgment
10 for rent due, and for a period of occupancy during which no rent is due,
11 for the fair value of use and occupancy of the premises if the notice of
12 petition contains a notice that a demand for such a judgment has been
13 made.
14 [5-a.] (f) Append or incorporate the notice required pursuant to
15 section two hundred thirty-one-c of the real property law, which shall
16 state the following: (i) if the premises are or are not subject to arti-
17 cle six-A of the real property law, the "good cause eviction law", and
18 if the premises are exempt, such petition shall state why the premises
19 are exempt from such law; (ii) if the landlord is not renewing the lease
20 for a unit subject to article six-A of the real property law, the lawful
21 basis for such non-renewal; and (iii) if the landlord is increasing the
22 rent upon an existing lease of a unit subject to article six-A of the
23 real property law above the applicable local rent standard, as defined
24 in subdivision eight of section two hundred eleven of the real property
25 law, the justification for such increase.
26 [5-b.] (g) If the petitioner claims exemption from the provisions of
27 article six-A of the real property law pursuant to subdivision one of
28 section two hundred fourteen of the real property law, append or incor-
29 porate the information required pursuant to subdivision one of section
30 two hundred fourteen of the real property law.
31 [6.] (h) In the city of Albany, where the premises from which removal
32 is sought is subject to a local law requiring the registration of said
33 premises as a condition of legal rental, allege proof of compliance with
34 such local law.
35 [7.] (i) In the city of Newburgh, where the premises from which
36 removal is sought is subject to a local law requiring the registration
37 of said premises as a condition of legal rental, allege proof of compli-
38 ance with such local law.
39 [8.] (j) In the city of Syracuse, where the premises from which
40 removal is sought is subject to a local law requiring the registration
41 of said premises as a condition of legal rental, allege proof of compli-
42 ance with such local law.
43 [9.] (k) In the city of Schenectady, where the premises from which
44 removal is sought is subject to a local law requiring the registration
45 of said premises as a condition of legal rental, allege proof of compli-
46 ance with such local law.
47 2. No dependent children under the age of eighteen living in the same
48 household with a parent or guardian shall be named in the petition.
49 § 2. Subdivision 1 of section 749 of the real property actions and
50 proceedings law, as amended by section 19 of part M of chapter 36 of the
51 laws of 2019, is amended to read as follows:
52 1. Upon rendering a final judgment for petitioner, the court shall
53 issue a warrant directed to the sheriff of the county or to any consta-
54 ble or marshal of the city in which the property, or a portion thereof,
55 is situated, or, if it is not situated in a city, to any constable of
56 any town in the county, describing the property, stating the earliest
S. 1615--A 3
1 date upon which execution may occur pursuant to the order of the court,
2 and commanding the officer to remove all persons named in the proceed-
3 ing, provided upon a showing of good cause, the court may issue a stay
4 of re-letting or renovation of the premises for a reasonable period of
5 time; provided further, however, that no dependent children under the
6 age of eighteen living in the same household with a parent or guardian
7 shall be named in the warrant.
8 § 3. Section 749 of the real property actions and proceedings law is
9 amended by adding a new subdivision 4 to read as follows:
10 4. In the event that a warrant is issued pursuant to subdivision one
11 of this section and any persons are removed from a property, any records
12 pertaining to dependent children under the age of eighteen living in the
13 same household with a parent or guardian who were residing on or removed
14 from such property shall be sealed and deemed confidential. No disclo-
15 sure or use of such information relating to dependent children under the
16 age of eighteen who were residing on or removed from such property shall
17 be authorized, and the use of such information shall be prohibited.
18 § 4. This act shall take effect immediately; provided, however, that
19 the amendments to paragraphs (f) and (g) of subdivision 1 of section 741
20 of the real property actions and proceedings law made by section one of
21 this act shall not affect the repeal of such paragraphs and shall be
22 deemed repealed therewith.
