Bill S3588-2011

Provides that records of eviction proceeding shall be sealed when the leased property was foreclosed upon

Provides that records of eviction proceeding shall be sealed when the leased property was foreclosed upon; prohibits use and disclosure of any such information relating to a tenant; imposes fine of between $1,000 and $2,000 for violations thereof.

Details

Actions

  • Jan 4, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
  • Feb 28, 2011: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

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.

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