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
________________________________________________________________________
8559--A
2021-2022 Regular Sessions
IN ASSEMBLY
December 13, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Judiciary -- recommitted to the Committee on Judiciary in
accordance with Assembly Rule 3, sec. 2 -- 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:
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 and subdivision 5 as
4 amended by chapter 302 of the laws of 1976, is amended to read as
5 follows:
6 § 741. Contents of petition. 1. The petition shall be verified by the
7 person authorized by section seven hundred twenty-one of this article to
8 maintain the proceeding; or by a legal representative, attorney or agent
9 of such person pursuant to subdivision (d) of section thirty hundred
10 twenty of the civil practice law and rules. An attorney of such person
11 may verify the petition on information and belief notwithstanding the
12 fact that such person is in the county where the attorney has his
13 office. Every petition shall:
14 [1.] (a) State the interest of the petitioner in the premises from
15 which removal is sought.
16 [2.] (b) State the respondent's interest in the premises and his
17 relationship to petitioner with regard thereto.
18 [3.] (c) Describe the premises from which removal is sought.
19 [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.
LBD11850-05-2
A. 8559--A 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 2. No dependent children under the age of eighteen living in the same
7 household with a parent or guardian shall be named in the petition.
8 § 2. Subdivision 1 of section 749 of the real property actions and
9 proceedings law, as amended by section 19 of part M of chapter 36 of the
10 laws of 2019, is amended to read as follows:
11 1. Upon rendering a final judgment for petitioner, the court shall
12 issue a warrant directed to the sheriff of the county or to any consta-
13 ble or marshal of the city in which the property, or a portion thereof,
14 is situated, or, if it is not situated in a city, to any constable of
15 any town in the county, describing the property, stating the earliest
16 date upon which execution may occur pursuant to the order of the court,
17 and commanding the officer to remove all persons named in the proceed-
18 ing, provided upon a showing of good cause, the court may issue a stay
19 of re-letting or renovation of the premises for a reasonable period of
20 time; provided further, however, that no dependent children under the
21 age of eighteen living in the same household with a parent or guardian
22 shall be named in the warrant.
23 § 3. Section 749 of the real property actions and proceedings law is
24 amended by adding a new subdivision 4 to read as follows:
25 4. In the event that a warrant is issued pursuant to subdivision one
26 of this section and any persons are removed from a property, any records
27 pertaining to dependent children under the age of eighteen living in the
28 same household with a parent or guardian who were residing on or removed
29 from such property shall be sealed and deemed confidential. No disclo-
30 sure or use of such information relating to dependent children under the
31 age of eighteen who were residing on or removed from such property shall
32 be authorized, and the use of such information shall be prohibited.
33 § 4. This act shall take effect immediately.
