BILL NUMBER: S1615
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
 
SUMMARY OF PROVISIONS:
Section one of the bill 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 two of the bill amends subdivision 1 of section 749 of the real
property actions and proceedings law to provide that persons under the
age of eighteen shall not be listed on eviction warrants.
Section three of the bill 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 four of the bill sets forth 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 act shall take effect immediately.

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