New York A 1656: Prohibits naming dependent children under the age of 18 in petitions to recover possession of real property and eviction warrants

Bill Text

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A01656 Summary:

BILL NOA01656A

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SAME ASSAME AS S01615-A

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SPONSORRosenthal

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COSPNSRSeawright, Raga, Forrest, Shrestha, Mamdani, Colton

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MLTSPNSR

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Amd §§741 & 749, RPAP L

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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.

Go to top A01656 Actions:

BILL NOA01656A

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01/10/2025referred to judiciary

02/11/2025reported 

02/13/2025advanced to third reading cal.16

01/07/2026ordered to third reading cal.64

01/12/2026amended on third reading 1656a

Go to topA01656 Committee&nbspVotes:

Committee:JUDICIARY Chair:Lavine 
DATE:02/11/2025AYE/NAY:12/6 Action: Favorable LavineAyeTannousisNay

WeprinExcusedWalshNay

BraunsteinExcusedBrownNay

SteckAyeMikulinNay

SeawrightAyeSmithNay

WalkerAyeMolitorNay

McMahonAye

MitaynesAye

RajkumarAye

SimonAye

SayeghAye

LunsfordExcused

BergerAye

ShimskyAye

CarrollAye

Go to topA01656 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01656 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1656--A
 Cal. No. 64

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

 Introduced by M. of A. ROSENTHAL, SEAWRIGHT, RAGA, FORREST, SHRESTHA,
 COLTON -- read once and referred to the Committee on Judiciary --
 ordered to a third reading, amended and ordered reprinted, retaining
 its place on 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
 16 fact that such person is in the county where the attorney has [his] an
 17 office. Every petition shall:
 18 [1.] (a) State the interest of the petitioner in the premises from
 19 which removal is sought.
 20 [2.] (b) State the respondent's interest in the premises and [his] the
 21 respondent's relationship to petitioner with regard thereto.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01533-02-6

 A. 1656--A 2

 1 [3.] (c) Describe the premises from which removal is sought.
 2 [4.] (d) State the facts upon which the special proceeding is based.
 3 [5.] (e) State the relief sought. The relief may include a judgment
 4 for rent due, and for a period of occupancy during which no rent is due,
 5 for the fair value of use and occupancy of the premises if the notice of
 6 petition contains a notice that a demand for such a judgment has been
 7 made.
 8 [5-a.] (f) Append or incorporate the notice required pursuant to
 9 section two hundred thirty-one-c of the real property law, which shall
 10 state the following: (i) if the premises are or are not subject t