Relieves New York city marshals from duty to remove tenant's personal property upon eviction

BILL NUMBER:S3152

Title of bill

An act to amend the New York city civil court act, in relation to the authority of marshals in evicting tenants

Summary of provisions

Adds a new subdivision 1-a to section 1609 of the New York City civil court act authorizing New York City marshals in an eviction proceeding to give possession of an apartment to the landlord or building owner pursuant to a duly issued eviction warrant; a marshal will not be responsible for packaging, removing or storing the tenant's property; no marshal shall have an interest in nor involvement with any mover or moving company.

Purpose

To clarify the responsibilities of New York City marshals, reduce their risk of liability and enable them to perform their duties more effectively.

Justification

In New York City, the City marshals are deemed enforcement officers of the City Civil Court. A marshal performs many duties for the Court, including the execution of eviction warrants. During an eviction, a marshal is responsible for giving possession of the apartment back to the landlord or owner of the building. In this situation, marshals are not intended to be movers; they have neither the time nor the means to act as such. Under current regulations, it is unclear whether a marshal is considered responsible for packing, removing and storing an evicted tenant's goods. This uncertainty has resulted in an increased risk of liability for the marshals.

In a recent court case (Marcado v. Weinheim, 108 Misc. 2d 81), a marshal was held liable under these regulations for the property of a tenant that was lost either in transit or in storage, long after the property left the control of the marshal. Thus, if marshals become actively involved in the moving process, they subject themselves to potential lawsuits. This bill will address this problem. It will clarify the role of a marshal during an eviction, preventing him from becoming involved with the actual move of the tenant. This responsibility will rest with the landlord or building owner. To remove the marshal from this process entirely, he will be proscribed from having any involvement or interest in a moving company. This will also eliminate any potential conflict of interest. The marshals will be able to perform their duties more effectively while diminishing the threat to them of unjustified legal action.

Fiscal implications

None.

Effective date

On the first day of September next succeeding the date on which it shall have become a law.