Actions

Memo

BILL NUMBER:S3588

TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to sealing the court records of evictions of tenants leasing real property that is the subject of a foreclosure

PURPOSE: To seal court records regarding a tenants eviction due to foreclosure and to ensure that credit scores of lessees of foreclosed properties are not adversely affected.

SUMMARY OF PROVISIONS: Section 1 amends the real property actions and proceedings law by adding new section 757. Section 2 states the effective date.

JUSTIFICATION: Securing climate property place to ensuring eviction housing options for NYS residents is crucial in this economic The government needs to protect residents should their landlord's go into foreclosure. However, there is no current law/statute in this effect. This bill would address the current situation by that the courts would seal court records regarding a tenant's as a result of a landlord's foreclosure.

LEGISLATIVE HISTORY: 2010: A.4590/S.2954 - Held in Housing, Construction and community Development.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

3588

2011-2012 Regular Sessions

IN SENATE

February 28, 2011
___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to sealing the court records of evictions of tenants  leasing
  real property that is the subject of a foreclosure

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property actions and proceedings law is amended by
adding a new section 757 to read as follows:
  S 757. EVICTION AS THE RESULT OF FORECLOSURE.  IN  THE  EVENT  THAT  A
LESSEE  IS  REMOVED FROM REAL PROPERTY PURSUANT TO THIS ARTICLE, AND THE
LEASED REAL PROPERTY WAS THE SUBJECT OF A FORECLOSURE PROCEEDING  PURSU-
ANT  TO THIS CHAPTER OR THE SUBJECT OF A TAX FORECLOSURE PROCEEDING, THE
COURT RECORDS RELATING TO ANY SUCH LESSEE SHALL BE SEALED AND BE  DEEMED
CONFIDENTIAL.  NO  DISCLOSURE OR USE OF SUCH INFORMATION RELATING TO ANY
SUCH LESSEE SHALL BE AUTHORIZED, AND THE USE OF SUCH  INFORMATION  SHALL
BE  PROHIBITED.  ANY  VIOLATION  OF THIS SECTION SHALL RESULT IN A CIVIL
PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS, NOR MORE THAN  TWO  THOU-
SAND DOLLARS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04067-01-1