BILL NUMBER: S1615A
SPONSOR: BRISPORT
 
TITLE OF BILL:
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
 
PURPOSE:
The purpose of this act is to establish an outdoor, nature-based child
care pilot program.
 
SUMMARY OF PROVISIONS:
Section 1 amends section 741 to the real property actions and
proceedings law to provide that no persons under the age of eighteen
shall be named in petitions for eviction proceedings.
Section 2 amends section subdivision 1 of section 749 of the real prop-
erty actions and proceedings law to provide that persons under the age
of eighteen shall not be listed on eviction warrants.
Section 3 amends section 749 of the real property actions and
proceedings law to provide that any records pertaining to the eviction
proceeding of a person under the age of eighteen shall be sealed.
Section 4 provides the effective date.
 
JUSTIFICATION:
This legislation will provide that dependent persons under the age of
eighteen shall not be listed in eviction petitions or warrants, and that
the records pertaining to the eviction proceeding of a person under the
age of eighteen shall be sealed.
In recent years, landlords and courts across the country have been list-
ing children in eviction proceedings and in eviction warrants. This
practice will have significant negative impacts, particularly for chil-
dren, if it is allowed to continue. Regardless of the ultimate outcome
of any such eviction proceeding, being publicly named in such a matter
in itself has the potential to permanently scar a person's rental histo-
ry, negatively affect a person's credit score, and make it generally
harder to rent, borrow money, and buy a home. Unless such records are
sealed, landlords and lenders could screen such records and reject
people who have been named in eviction proceedings. Accordingly, this
bill would prohibit the naming of children in eviction warrants, and
would seal any such records for eviction proceedings.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S7376 2023-24: S5905
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
to be determined
 
EFFECTIVE DATE:
This bill shall take effect immediately

Statutes affected:
S1615: 749 real property actions and proceedings law, 749(1) real property actions and proceedings law
S1615A: 749 real property actions and proceedings law, 749(1) real property actions and proceedings law